UBRARV 

UNlVtRSlTf  OF 
CALIFORNIA 

SAN  DJteo 


HI 


Social  Sciences  &  Humanities  Library 

University  of  California,  San  Diego 
Please  Note:  This  item  is  subject  to  recall. 

Date  Due 

U.C.S.D. 

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C/  39  (5/97) 

UCSD  Lib. 

THE    PEACE    CONFERENCE 
AT   THE    HAGUE 


:V)^°- 


UNIVERSITY  OF  CALIFORNIA   SAN  DIEGO 


3  1822  02685  5437 


THE   PEACE  CONFERENCE 
AT  THE  HAGUE 


AND  ITS  BEARINGS   ON   INTERNATIONAL 
LAW   AND    POLICY 


BY 


FREDERICK    W.    HOLES,  D.C.L. 

A   MEMBER   OF   THE    CONFERENCE    FROM    THE    UNITED    STATES 
OF   AMERICA 


Justitia  elevat  gentem 


Ncfa  gork 
THE    MACiMILLAN    COMPANY 

LONDON:   MACMILLAN  &  CO.,  Ltd. 
1900 

All  rights  reserved 


Copyright,  1900, 
By  the  MACMILLAN  COMPANY. 


TfotinoolJ  ?3re8B 

J.  S.  Cu8hing  &  Co.  —  Berwick  &  Smith 
Norwood  Mass.  U.S.A. 


/ 


Co  '^i&  flajcstg 
NICHOLAS    THE    SECOND 

EMPEROR    OF    RUSSIA 

THE    AUGUST    INITIATOR    OF    THE    PEACE    CONFERENCE 

THIS    VOLUME    IS,    15Y    PERMISSION 

fHost  J^rspcttfullg  Drtt'cateB 


PREFACE 

The  Peace  Conference  at  the  Hague  in  1809  has 
passed  into  histor}^  From  the  time  of  its  inception 
it  has  naturally  been  the  object  of  much  discussion, 
and  of  every  variety  of  criticism.  Of  enthusiastic 
welcome  it  received  but  little,  and  even  that  little 
rarely  came  from  leaders  of  thought  or  action.  Its 
lofty  aim  did  not  save  it  from  sarcasm,  cynicism, 
and  even  condemnation.  The  good  faith  of  the 
originating  government  was  openly  challenged  or 
derided,  —  at  best  the  idea  was  patronizingly  called 
an  ''  Utopian  dream  "  —  "a  misprint  on  the  page  of 
history,"  according  to  the  gloomy  pessimism  of  a 
distinguished  historian. 

By  a  singular  Ijut  well-nigh  universal  misconcep- 
tion of  its  object,  it  was  at  first  persistently  called 
the  "  Disarmament  Conference,"  and  the  gradual 
abolition  of  armies  and  navies,  as  well  as  "  eternal 
peace,"  was  by  implication  assumed  to  be  its  ultimate 
object. 

Accordingly,  theoretical  discussions  on  the  abstract 
justice  or  injustice  of  warfare  immediately  arose,  while 
hardly  any  preparatory  work  of  value  regarding  the 


viii  PREFACE 

practicable  and  attainable  objects  of  such  a  gathering 
was  done,  either  by  publicists  or  journalists. 

When  the  Conference  opened,  speculation  was  rife 
as  to  whether  or  not  it  could  last  a  fortnight  with- 
out ending  in  a  quarrel,  and  perhaps  precipitating 
a  general  war. 

The  modest  and  unostentatious  as  well  as  business- 
like way  in  which  the  Conference  organized  and 
immediately  went  to  work,  made  the  first  distinctly 
favorable  impression,  and  for  a  while  there  seemed 
to  be  ground  for  hope  that  continental  public  opinion 
would  at  least  suspend  judgment. 

This  hope  was  destroyed  largely  through  the  un- 
fortunate attitude  of  many  important  members  of  the 
Conference  toward  the  press.  That  secrecy,  during 
the  progress  of  the  w^ork  of  a  diplomatic  gathering, 
was  indispensable  was  readily  admitted  by  the  jour- 
nalists themselves,  some  of  whom  were  the  most 
eminent  in  their  profession,  and  all  of  whom  were 
men  of  high  standing  and  ability.  With  their  scepti- 
cism, however,  regarding  the  ultimate  outcome,  even 
a  slight  show  of  an  uncompromising,  haughty,  and 
even  hostile  attitude  was  sufficient  to  convince  them 
of  the  uselessness  of  further  attention  under  adverse 
circumstances.  The  fact  that  ''  disarmament "  could 
not  even  be  discussed  was,  of  course,  soon  evident ; 
and  taking  this  fact  as  proof  of  the   "  failure "   of 


PRE  FA  CE  ix 

the  Conference,  the  press,  with  a  very  few  notable 
exceptions,  withdrew  its  representatives  from  The 
Hague,  and  contented  itself  thereafter  with  sup- 
plying its  readers  with  the  fragmentary  and  often 
inaccurate  snatches  of  information  supplied  by  irre- 
sponsible sources. 

In  consequence,  and  also  because  the  official  records 
of  the  Conference  have  only  lately  been  published, 
it  may  be  said  that  hardly  upon  any  recent  event 
of  importance  is  even  the  reading  public  less  com- 
pletely informed  than  upon  the  work  actually  accom- 
plished at  the  Peace  Conference  and  its  practical  value. 

Under  these  circumstances  it  is  hardly  surprising 
that  the  events  which  have  taken  place,  notably  in 
South  Africa  and  in  the  Far  East,  since  the  adjourn- 
ment of  the  Conference,  should  have  resulted  in 
deepening  the  prevalent  misconceptions  regarding 
its  results  and  their  importance.  Fortunately  the 
waves  of  honest  disappointment  and  of  ignorant 
abuse  can  no  longer  rise  to  a  point  where  the  work 
itself  might  be  endangered.  "  The  past  at  least  is  se- 
cure," and  neither  hopeful  nor  pessimistic  prediction, 
but  experience  alone  can  now  pass  final  judgment. 

The  present  writer  frankly  avows  his  conviction 
that  the  Peace  Conference  accomplished  a  great  and 
glorious  result,  not  only  in  the  humanizing  of  war- 
fare and   the  codification   of    the  laws  of  war,  but, 


X  PREFA CE 

above  all,  in  the  promulgation  of  the  Magna  Charta 
of  International  Law,  the  binding  together  of  the 
civilized  powers  in  a  federation  for  Justice,  and  the 
establishment  of  a  permanent  International  Court 
of  Arbitration. 

He  believes  that  this  view  will  be  shared  by  an 
increasing  number  of  thouglitful  observers  as  time 
progresses ;  and  that  in  consequence,  the  story  of  the 
Conference  and  a  description  of  its  work,  even  within 
the  necessarily  restricted  limits  open  to  a  member, 
will  not  be  without  interest. 

Under  these  circumstances  he  has  no  apology  to 
offer  for  the  preparation  of  this  volume.  The  official 
records  of  the  Conference  have  not  yet  been  pub- 
lished in  the  English  language,  and,  when  so  pub- 
lished, they  will  contain  many  details,  technical  or 
otherwise,  of  little  general  interest.  In  this  Ijook 
the  aim  has  been  to  tell  what  took  place,  with  suffi- 
cient fulness  for  the  student  of  International  Law, 
but  without  making  the  book  too  technical  for  the 
general  reader,  —  a  most  difficult  undertaking,  and 
one  in  which  no  author  can  hope,  for  more  than  a 
qualified  success. 

No  pains  have  been  spared  to  secure  accuracy,  but 
no  attempt  has  been  made  in  the  commentaries  on 
the  treaties  to  do  more  than  elucidate  the  text,  or 
state  the  reasons  for  the   adoption   of   the  various 


PREFACE  xi 

provisions.  Exhaustive  and  thorough  commentaries 
will  no  doubt  soon  appear  from  the  pens  of  scholars 
both  in  Europe  and  America,  and  could  not  enter 
into  the  plan  of  this  volume. 

The  author  has  freely  used  the  admirable  reports 
made  to  the  Conference  by  the  reporters  of  the 
various  Committees:  Chevalier  Descamps,  M.  Roliu, 
Professor  Renault,  Jonkheer  van  Karnebeek,  Count 
Soltyk,  M.  Asser,  and  General  Den  Beer  Poortugael, 
and  it  is  a  pleasure  to  acknowledge  his  obligation 
to  these  gentlemen.  By  the  courtesy  of  the  Honor- 
able John  Hay,  Secretary  of  State,  the  author  was 
also  permitted  to  make  unrestricted  use  of  the  files 
of  the  State  Department  with  reference  to  the  Con- 
ference, and  the  reports  of  the  American  Commis- 
sion, notably  those  of  its  distinguished  military  and 
naval  experts,  Captain  Crozier,  of  the  army,  and 
Captain  Mahan,  of  the  navy,  have  been  freely  drawn 
upon,  especially  in  the  discussion  of  the  work  of  the 
First  and  Second  Committees. 

As  this  book  is  written  primarily  for  American 
and  English  readers,  particular  attention  has  been 
paid  to  the  action  of  the  American  and  British  gov- 
ernments, and  their  representatives  at  the  Conference. 
It  is  believed,  however,  that  nothing  of  importance, 
bearing  upon  the  attitude  and  actions  of  the  other 
Powers,  has  been  omitted. 


xii  PRE  FA  CE 

The  translation  of  the  various  treaties  has  been 
carefully  revised  by  the  author,  from  the  British 
Blue  Book,  and  will,  it  is  hoped,  be  found  to  be 
accurate,  while,  on  the  other  hand,  a  free  render- 
ing of  speeclies  and  debates  is  given. 

In  the  appendix  will  be  found  the  complete  text 
of  the  Final  Act,  the  Treaties  and  Declarations  of  the 
Conference,  as  well  as  the  Reports  of  the  American 
Commission.  The  story  of  the  Peace  Conference 
would  not  have  been  complete  without  an  account 
of  the  Hugo  Grotius  celebration,  on  July  4,  at  Delft. 
Accordingly  a  complete  record  of  the  proceedings, 
containing  the  admirable  oration  of  Ambassador 
White,  and  the  other  addresses  given  on  that  oc- 
casion, is  also  included. 

The  author  acknowledges  with  sincere  thanks  the 
encouragement  and  valuable  suggestions,  with  refer- 
ence to  the  preparation  of  the  present  volume,  received 
by  him  from  Ambassador  White,  Lord  Pauncef ote,  and 
the  Honorable  David  Jayne  Hill,  Assistant  Secretary 
of  State.  The  same  is  especially  true  of  his  friends, 
Albert  Shaw  and  Nicholas  Murray  Butler,  who  have 
also  kindly  assisted  in  reading  proofs  and  revising  the 
text. 

Algonak, 

YoNKERS,  New  York, 

October,  1900. 


CONTENTS 


CHAPTER  I 


THE   CALLING   OF   THE  PEACE  -CONFERENCE 


Three  notable  events  of  1898 

The  Spanish-American  War 

Its  revelation  of  the  pov^'er  of  the  United  States 

Solidarity  of  feeling  and  interest  between  Great  Britain  and  the 

United  States 
The  death  of  Prince  Bismarck 
Bismarck  as  a  friend  of  peace 
Universal  military  service 
End  of  the  epoch  of  blood  and  iron 
The  Rescript  of  the  P^mperor  of  Russia 
Text  of  the  Rescript       .... 
Report  of  a  conversation  witli  Count  INIouravieff  by  Sir  Charles 

Scott    .......... 

Reply  of  Mr.  Balfour  to  the  Rescript    ..... 

Acceptance  of  the  invitation  by  the  United  States 

The  attitude  of  the  European  press       ..... 

Article  from  the  Journal  de  St.  Petershurg     .... 

Formal  reply  of  Lord  Salisbury 

Despatch  from  the  United  States  Charge  d' Affaires 
Circular  of  Count  Mouravieff  dated  January  11,  1899 
J]xplanatory  despatch  from  Sir  Charles  Scott 
Reply  of  Lord  Salisbury         ....... 

Selection  of  The  Hague  as  the  place  of  meeting  . 

Text  of  the  formal  invitation  of  the  Netherlands  Government 

What  Powers  were  invited     ....... 

Omission  of  the  Central  and  South  American  Republics 

xiii 


1 
1 

2 

3 
3 
4 

5 

7 
8 
8 

11 
\-2 
V2 
V2 
13 
14 
1(J 
24 
27 
29 
32 
32 
34 
35 


xiv  CONTENTS 

CHAPTER    II 
THE   OPENING   OF   THE   CONFERENCE 

PAGE 

The  birthday  of  the  Czar,  May  18,  1899 36 

Tlie  House  in  tlie  Wood 37 

Arrangement  oi"  the  Orange  Zaal 37 

Alphabetical  arrangement  of  States 38 

Full  list  of  members  of  the  Conference 38 

Opening  address  of  M.  de  Beaufort,  Netherlands  Minister  of 

Foreign  Affairs 62 

Telegram  to  the  Emperor  of  Russia      ......  54 

Election  of  Baron  de  Staal  as  President        .....  54 

Address  of  President  de  Staal        .......  55 

Election  of  Honorary  President,  Vice-Presidents,  and  Secretaries  57 

The  second  session,  May  20  .         . 58 

Telegrams  from  the  Queen  of  the  Netherlands  and  the  Emperor 

of  Russia 58 

Address  of  President  de  Staal 58 

Appointment  of  Committees 64 

Dates  of  subsequent  meetings  of  the  Confei'ence  ....  65 


CHAPTER   III 


THE   WORK  OF  THE  FIRST  COMMITTEE 

Limitation  of  Armaments 

Misunderstanding  regarding  the  object  of  the  Conference 

Speech  of  M.  Beernaert 

Speech  of  President  de  Staal  . 

Proposals  submitted  on  behalf  of  Russif 

Speech  of  Colonel  Gilinsky     . 

Address  of  General  von  Schwarzhoff 

Answer  of  Colonel  Gilinsky    . 

Reply  of  General  von  Schwarzhoff 

Reference  to  the  Sub-Committees  . 

Report  of  the  jMilitary  Sub-Committee 

Speech  of  Baron  de  Bildt 

Speech  of  M.  Bourgeois  . 

Resolution  offered  by  him 

Report  of  the  Naval  Sub-Conuuittee 


66 
66 
68 
69 
72 
73 
76 
80 
80 
82 
83 
84 
87 
90 
90 


CONTENTS 


Declaration  on  behalf  of  the  United  States  of  America 

Value  of  the  discussion 

The  humanizing  of  war  ......... 

Report  of  the  Military  Sub-Coniniittee 

Powders  ........... 

Explosives,  or  Inirstiiig  charge  of  projectiles 

Field  guns 

Balloons 

Muskets 

Automatic  muskets         ........ 

The  use  of  new  means  of  destruction     .         .         .         .         . 
Expanding  bullets 

Declaration  by  Sir  John  Ardagh  on  behalf  of  Great  Britain 

Interview  between  Jonkheervan  Karnebeek  and  the  British 
delegates 

Amendment   of   proposed   declaration   offered   by  Captain 
Crozier 

Address  of  Captain  Crozier    . 

Ineffectual  replies   .... 

The  manner  of  taking  the  vote 

Amendment  never  voted  upon 

Absence  of  parliamentary  rules 

Further  declaration  on  belialf  of  Great 
Methods  of  naval  ivarfare 

Report  of  Sub-Committee 

Warships  with  rams 

Rifles  and  naval  guns 

Projectiles  for  the  diffusion  of  asphyxiating  gases 

Objections  of  Captain  Mahan  .... 


Britain 


PAGT5 

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103 

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119 


CHAPTER   IV 


THE    WORK   OF   THE  SECOND   COMMITTEE 

The  Convention  for  the  Adaptation  to  INIakitime 

Warfare  of  the  Principles  of  the  Geneva 

Convention,  August  22,  1864 

Reference  to  first  Sub-Committee 120 

Report  of  Professor  Renault 120 

Text  of  the  treaty 123 


CONTENTS 


PAGE 


Hospital  ships  constructed  and  equipped  by  belligerent  States    .  128 
Hospital  ships  ecpiipped  by  private  individuals  or  relief  societies 

of  belligerent  States 128 

Hospital  ships  equipped  by  private  individuals  or  relief  societies 

of  neutral  countries      ...                 ....  128 

Status  of  liospital  ships           ........  124 

Distinguishing  marks  of  hospital  ships  and  their  flags         .         .  125 

Declaration  on  behalf  of  Persia 125 

Declaration  on  behalf  of  Siam 126 

Status  of  neutral  vessels  taking  on  board  sick,  wounded,  or  ship- 
wrecked belligerents 126 

Status  of  the  religious,  medical,  or  hospital  staff  on  captured 

ships 126 

Duty  of  captors 127 

Status  of  captured  belligerents 127 

Duty  of  neutral  States  under  Article  10 127 

Disagreement  about  Article  10 128 

Suppression  of  article  by  general  agreement          ....  129 

Binding  force  of  the  treaty    . 130 

Ratification     .         .         .         .         .         .         .         .         .         .         .130 

Adherence 131 

Denunciation  .         .         .         .         .         .         .         .         .         .131 

Additional  articles  proposed  by  Captain  Mahan  ....  131 

Revision  of  the  Geneva  Convention  under  the  auspices  of  Swit- 
zerland        ..........  132 

The  laws  and  customs  of  war  ........  134 

Consideration  restricted  to  rules  of  war  on  land    .         .         .  135 

Reference  to  Sub-Committee 135 

Address  of  M.  de  Martens 135 

Objections  of  M.  Beernaert     .......  137 

Resolution  in  favor  of  the  consideration  of  the  rights  and 

duties  of  neutral  States  for  subsequent  conference     .         .  138 

Text  of  the  treaty 139 

Ratification 139 

Adherence 140 

Denunciation  ..........  140 

.gulations  resjiecting  laws  and  customs  of  war  on  land      .  140 

vVhat  constitutes  a  belligerent 140 

Status  of  population  resisting  an  invader       ....  140 

Armed  forces  of  belligerent  parties 140 


CONTENTS 


and   customs 


dues 


of  articles  for 


burials 


Declaration  of  M.  de  Martens 

Discussion  of  the  right  to  repel  invasion 

Speech  of  General  von  Schwarzhoff 

On  prisoners  of  war 

Their  status,  rights,  privileges,  and  duties 

Discipline 

Parole 

Correspondents  and  camp  followers 

Bureau  of  information 

Relief  societies 

Freedom  from   postage 

prisoners  of  war  . 
Pay  of  officers 
Religious  tolerance 
Wills,  death  certificates. 
Repatriation    . 
Sick  and  wounded  . 
Prohibitions    . 
Means  of  injuring  the  enemy 
Ruses  of  war  .... 
Sieges  and  bombardments 
Bombardment  of  fortified  places 
Immunity  of  certain  places     . 
Pillage  prohibited  . 
On  spies  ..... 
Limitation  of  the  definition    . 
Not  to  be  punished  without  trial 
On  flags  of  truce 
Rights  and  duties  of  envoys   . 
On  capitulations 
On  armistices .... 
Violation  of  armistices    . 
On  military  authority  over  hostile  territory 
Prohibition  to  compel  oath  of  allegiance  or  to  violate  family 

honor,  individual  lives,  and  private  property 
Collection  of  taxes  and  other  charges     .... 

Requisitions  to  be  paid  for 

Certain  property  to  be  returned  on  the  conclusion  of  peace 

Trusteeship  of  occupying  State 

No  damage  to  arts  and  sciences 


PAGR 

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157 

i« 

158 
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160 


i  CONTENTS 

PAGK 

On  the  detention  of  belligerents  and  the  care  of  wounded 

in  neutral  countries     ........  160 

Rights  and  duties  of  neutral  States        .....  160 

Value  of  the  treaties 161 

Opinion  of  Professor  Zorn 161 

Opinion  of  M.  de  Martens 161 


CHAPTER  V 

THE   WORK  OF  THE   THIRD   COMMITTEE 

Good  Offices,  Mediation,  International  Commissions 
OF  Inquiry  and  Arbitration 

Diplomatic  character  of  the  work  of  the  Third  Committee  .         .16-1 

Its  officers       ...........  165 

Complete  list  of  members      ........  16.5 

Communications  to  the  press 167 

Necessity  of  secrecy 168 

The  Co7niie  d'Exmnen    .........  169 

Mode  of  appointment 169 

Membership 169 

Importance  of  the  Committee 170 

Negotiations  at  Berlin 171 

Meetings 171 

Personal  remarks 172 

The  Convention  for  the  Peaceful  Ad.justment  of 
International  Differences 

The  preamble 174 

Title  I.     The  Maintenance  of  General  Peace 

Respect  for  sovereignty  once  established 175 

Title  II.     On  Good  Offices  and  Mediation 

Declaration  of  Paris 176 

Difference  between  Good  Offices  and  Mediation  ....  177 

Advantages  of  Mediation 177 


CONTENTS 


Former  agreements  unsatisfactory 

Offer  of  ^Mediation  not  favored  iieretofore    . 

JNIediation  to  terminate  wai-  ..... 

'  Mediation  established  as  a  permanent  institution 
Not  to  be  confounded  with  meddling-   . 
The  restriction  "  as  far  as  circumstances  will  allow '' 
The  offer  of  (iood  Offices  and  ^Mediation 
The  refusal  of  the  offer  ..... 

Duty  of  the  mediator     ...... 

When  functions  cease     ...... 

Advisory  character  of  (iood  Offices  and  ]\Iediation 

No  interruption  of  preparations  for  war  or  of  hostilities 

Special  Mediation   ....... 

M.  de  Nelidoff's  suggestion     .... 

Analogy  between  warfare  and  duelling 

The  necessity  of  the  challenge 

Restraint  as  to  time  and  place 

Exemptions     ....... 

Feuds  permitted  against  the  person,  but  not  against  property 

Xeiitralization  ...... 

Preventive  measures        ..... 

Remarks  of  Mr.  Holls 

Duties  of  a  "  second  " 

New  element  of  deliberation  .... 
-  An  agency  for  peace  in  time  of  war 

Discussion        ....... 

]\lethod  of  procedure       ..... 

The  practical  value  of  the  article  . 


178 
180 
180 
181 
181 
182 
182 
184 
18.^ 
18.5 
180 
180 
187 
188 
190 
1.91 
1.0:J 
193 
194 
19.5 
19.> 
190 
197 
197 
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199 
201 
202 


Title  III.     International  Commissions  of  Inquiry 


Not  an  innovation 
Difficulties  in  the  way    . 
The  object  of  the  title    . 
Speech  of  M.  de  INIartens 
The  example  of  Holland 
Honor  and  vital  interests 
Importance  of  the  institution 
Refusal  to  submit  to  investigation 
Objeetions  of  the  Balkan  States    . 
Procedure 


203 
204 
206 
206 
209 
210 
211 
213 
214 
215 


XX  CONTENTS 

PAOE 

Manner  of  appointment 217 

Report  of  the  commission       ........     219 

No  binding  force 219 

Title  IV.     International  Arbitration 
Chapter  I.    On  Arbitral  Justice 


Character  of  questions  recognized  as  snitable  for  arbitration 
Remarks  of  Ex-President  Harrison  in  Paris 

the  question 


221 
222 
223 
227 

228 
228 
229 
229 


Importance  of  the  form  of  statement  of 

Agreements  of  arbitration  in  general 

Obligation  to  submit  to  the  award 

Other  agreements  to  be  made 

Obligatory  arbitration   . 

The  Russian  proposal    . 

The  subjects  of  international  rivers,  interoceanic  canals,  and 
monetary  affairs   stricken    out  on   motion  of  American 

representative       .........  230 

Entire  article  stricken  out  on  motion  of  Germany        .         .         .  232 

Chapter  II.    On  the  Permanent  International  Court  of 
Arbitration 

Address  of  Lord  Pauncefote 233 

Historical  note  on  the  attitude  of  the  United  States     .         .         .  233 

Importance  of  voluntary  feature 237 

The  British  proposal 238 

The  Russian  proposal 239 

The  American  proposal 239 

'D'l&CMS.sion  in  the  Comite  d'Examen 240 

Statement  of  the  French  delegation 240 

Remarks  of  Lord  Pauncefote 243 

Remarks  of  M.  Descamps 244 

Professor  Zorn's  motion  to  strike  out 246 

Remarks  of  ]M.  Asser 249 

Reply  of  Professor  Zorn 249 

Speech  of  Count  Nigra 2.50 

Speech  of  M.  de  IVIartens 251 

Speech  of  M.  Odier 252 

Speech  of  Professor  Lammasch 253 

Speech  of  Mr.  Holls 254 


CONTENTS 


i 


liti 


Subsequent  acquiescence  of  Germany 

The  Court  to  be  organized     . 

Its  jurisdiction        .... 

The  bureau  and  record  office 

Publication  of  documents 

Appointment  and  term  of  office  of  judges 

Appointment  by  the  highest  court  of  each  State 

Manner  of  selection  of  the  members  of  particular 

The  choice  of  umpire  subject  to  ratification  of 

Dissent  of  M.  Descamps         .... 

Diplomatic  privileges  and  immunities  of  judges 

Place  of  sitting 

Facilities  to  be  placed  at  the  disposal  of  special  tr 

Extension  of  jurisdiction 

The  duiy  of  Signatory  Poivers  and  the.  Monroe  DocI 

The  French  proposal       .... 

Reservation  by  Mr.  Holls 

Text  of  the  American  declaration 

The  Monroe  Doctrine      .... 

Declaration  accepted       .... 

Its  importance         ..... 

Cordial  feeling  toward  the  United  States 

Efforts  to  strike  out  the  word  "  duty  "   . 

Speech  of  M.  Bourgeois  .... 

The  administrative  council     . 

The  expenses  of  the  bureau    . 


ejected 
tribunals 

gating  States 


ibunals 


PAGK 

257 
257 
258 
258 
259 
259 
261 
264 
265 
266 
266 
267 
267 
267 
267 
268 
269 
270 
270 
271 
271 
272 
273 
273 
275 
276 


Chapter  III.  On  Arbitral  Procedure 


Rules 

The  agreement  to  arbitrate 

Manner  of  constituting  arbitral  tribunal 
Sovereigns  and  Chiefs  of  State  to  fix  procedure    . 

The  umpire  to  preside 

Filling  of  vacancies        ...... 

Place  of  sitting       ....... 

Appointment  of  agents,  attorneys,  and  counsellors 
Judges  not  to  practise  in  certain  cases 

Language        

Two  phases  of  procedure        ..... 
Communication  of  documents        .... 


277 
277 
277 
278 
278 
278 
279 
279 
280 
280 
280 
281 


xxii  CONTENTS 

PAOE 

The  proceedings  in  open  court 281 

Control  of  tlie  tribunal  over  pleadings  and  practice      .         .         .  282 

Arguments  of  counsel    .........  282 

Incidental  motions          .........  283 

The  tril)uiial  to  determine  its  own  jurisdiction     ....  283 

Deliberations  to  take  place  with  closed  doors        ....  284 

Award  by  a  majority  of  votes  accompanied  by  a  statement  of 

reasons 28-5 

Public  reading  of  the  award 286 

Reservation  for  a  rehearing  ........  286 

American  proposition  regarding  a  reexamination  of  the  case       .  287 

Debate  on  the  subject  of  rehearing 287 

Argument  of  M.  de  Martens 287 

Speech  of  Count  Nigra 290 

Argument  of  Mr.  Holls 291 

Speech  of  Chevalier  Descamps 298 

Reply  of  M.  de  Martens 300 

Speech  of  Mr.  I^ow 301 

Speech  of  Mr.  Asser 302 

Joinder  of  other  powers  in  the  litigation 303 

Expenses 303 

Ratification 304 

Adherence 304 

Withdrawal 304 

Signatures,  deposit  of  ratifications,  and  first  appointments  to  the 

court ...  305 


CHAPTER   VI 

THE  IMMUNITY  OF  PRIVATE  PROPERTY  ON  THE 
HIGH  SEAS 


The  policy  of  the  United  States    .... 
Memorial  of  the  American  Commission 

Text  of  the  proposed  article 

Speech  of  M.  de  Martens 

Speech  of  Ambassador  White        .... 

The  lesson  of  the  American  Civil  War 

No  separate  interests  on  the  part  of  the  United  States 

Speech  of  Count  Nigra  ...... 

Abstention  of  Great  Britain  ..... 


306 
307 
311 
314 
314 
317 
319 
321 
321 


CONTENTS 


CHAPTER    VII 

THE  CONFERENCE  FROM  DAY  TO  DAY:    ADDRESSES, 

COMMUNICATIONS,   AND   DELEGATIONS  FROM 

OUTSIDE    SOURCES:    THE    QUESTION    OF 

ADHERENCE:  THE  CLOSING  SESSION 

PAGE 

The  Conference  avoids  ostentation  or  display       ....  3'22 

Frequency  of  meetings  of  Conference  or  Committees  .         .         .  322 

Netlierlands  Government  hospitality,  —  the  daily  luncheon          .  328 

Reception  to  the  Conference  by  the  Queens,  INIay  2-4   .         .         .  323 

Dinner  at  tlie  Royal  Palace  in  Amsterdam,  July  6        .         .         .  324 

Other  fetes  and  festivals  given  in  honor  of  the  Conference  .         .  324 

Recess  July  7  to  17 325 

Interest  of  the  Japanese  delegation        ......  325 

Remarks  of  the  Chinese  delegate  . 326 

F arew ell  dinner  of  the  Comite  d'Examen      .....  326 

Appointment  of  Committee  on  outside  communications       .         .  326 

Letters  and  telegrams  of  sympathy       ......  327 

Pamphlets  and  books  on  arbitration 328 

Delegations  from  oppressed  nationalities 329 

Disappointment  of  some  "  friends  of  peace  "         ....  330 

The  Question  of  Adherence  ........  332 

Attempts  to  countenance  the  claims  of  the  Pope          .         .         .  333 

The  position  of  the  United  States  and  Great  Britain    .         .         .  333 

The  Closing  Session 335 

Report  on  Signatures 336 

Correspondence  between  Queen  Wilhelmina  and  the  Pope  .         .  338 

Speech  of  Baron  de  Staal 340 

Remarks  of  Prince  iNIiinster 346 

Replies  of  Baron  de  Staal  and  Jonkheer  Van  Karnebeek     .         .  347 

Remarks  of  Baron  d'Estournelles 348 

Closing  address  of  M.  de  Beaufort 349 

Adjournment  sine  die 350 


CHAPTER   VIII 

THE  BEARINGS   OF   THE   CONFERENCE   UPON 
INTERNATIONAL  LAW  AND   POLICY 

The  Conference  a  natural  consummation  .... 
Former  schemes  for  Eternal  Peace  ..... 
Diplomatic  nature  of  the  Peace  Conference 


351 
351 
352 


CONTENTS 


Differences  between  it  and  the  Congresses  of  Vienna,  Paris,  and 
Berlin  ....... 

Fixation  of  European  boundaries 

A  stable  ecjuilibriuni      ..... 

No  impainnent  of  national  defence 

The  Magna  Charta  of  International  Law 

A  peaceable  method  of  procedure 

The  voluntary  feature  of  the  Treaty     . 

The  force  of  public  opinion    .... 

Ultimate  effects  independent  of  temporary  or  local  conditions 
Code  of  Neutrality     ..... 

The  theory  of  the  Conference  on  war  and  peace 

The  true  definition  of  Peace 

International  punitive  justice 

The  struggle  for  power  at  the  opening  of  the  new 

Justification  of  aggression      .... 

Negation  of  conception  of  war  as  a  positive  good 
The  federation  of  the  world  for  justice 
Development  of  the  ideas  of  the  Holy  Alliance 
Stability  of  the  new  system  .         .         .         . 

Effect  on  perils  confronting  modern  states  . 
The  future  of  diplomacy         .... 

A  higher  development  on  traditional  lines    . 
What  remains  to  be  done       .... 

The  governments  in  advance  of  public  opinion 
The  Institute  of  International  Law 
Keasons  for  encouragement   .... 

Conclusion 


Appendix  I  . 
Appendix  II  . 
Appendix  III 
Index    . 


century 


852 
353 
353 

353 
354 
355 
356 
357 
35S 
359 
3(50 
3G1 
3(51 
361 
363 
364 
364 
365 
366 
367 
368 
368 
369 
370 
370 
371 
372 


373 
475 
533 
563 


THE    PEACE    CONFERENCE 
AT   THE    HAGUE 


CHAPTER  I 

THE  CALLING  OF  THE  PEACE  CONFERENCE 

Without  attempting  to  forestall  the  judgment 
of  history,  it  may  perhaps  be  taken  for  granted 
that  the  year  1898  will  be  chiefly  remembered  on 
account  of  three  notable  events,  —  the  Spanish- Three  notable 
American  War,  the  death  of  Prince  Bismarck,  and  1^93/^° 
the  circular  letter  of  Count  Mouravieff,  by  direc- 
tion of  His  Majesty  the  Emperor  of  Russia,  calling 
the  International  Peace  Conference.  While  these 
three  events  had  no  causal  connection  whatever,  it 
seems  indisputable  that  the  timeliness  of  the  third 
was  strikingly  dependent  upon  the  other  two. 

The  Spanish-American  War,  both  in  its  inception  The  Spanish- 
and  its  results,  revealed  to  the  world  wliat  had  long  ^var!^^*^" 
been  known  to  a  comparatively  small  number  of 
thoughtful  observers ;  namely,  the  existence  of  a 
great  and  mighty  power  in  the  New  AYorld,  with 
unlimited  reserve  force,  which  needed  only  to  be- 
come interested  in  questions  of  foreign  policy  to 
make  it  at  once  a  factor  of  the  very  first  impor- 
tance. The  wise  warning  of  Washington  against 
entangling  alliances  with  foreign  nations  had  been 
followed  by  the  United  States  to  a  degree  hardly 
foreseen  or  intended  by  its  author ;  and  standing 
apart  in  the  world  in  more  or  less  selfish  isolation, 

B  1 


2  THE  PEACE   CONFERENCE   AT   THE   HAGUE 

Chapter  I  the  great  Republic  of  the  West  had  ahiiost  become 
a  negligible  quantity  in  the  calculations  of  European 
diplomats. 
The  changed  Tliis  is  not  tlic  occasion  to  discuss  the  wisdom  of 
iS*d°sfates!this  policy,  or  of  its  modification.  It  is  sufficient 
to  emphasize  the  fact,  as  well  as  the  momentous 
and  permanent  change  which  occurred  when  the 
people  of  the  United  States,  with  singular  unanimity 
and  zeal,  but  still  with  grave  and  serious  purpose, 
drew  the  sword  to  put  an  end  to  an  intolerable  situa- 
tion in  Cuba.  It  was  a  war  of  aggression  —  but  the 
American  people  felt  that  it  was  aggression  for  a 
high  and  noble  object ;  and  the  fact  that  the  great 
Republic  was  capable  of  such  idealism  —  the  spec- 
tacle of  hundreds  of  thousands  of  volunteers  crowd- 
ing to  enlist  in  a  cause  offering  absolutely  no 
material  inducements  —  served  to  deepen  the  im- 
pression made  upon  the  rest  of  the  world.  The 
campaign,  both  on  land  and  sea,  was  perhaps  more 
remarkable  for  the  hidden  possibilities  which  it 
revealed  than  for  actual  demonstrations.  The  gen- 
eral expectation,  however,  of  many  continental 
critics,  that  the  American  army  and  navy  would 
first  encounter  defeats  which  might  perhaps  be 
retrieved  ultimately  by  the  mere  force  of  physical 
and  numerical  preponderance,  was  doomed  to  disap- 
pointment, and  gave  way,  on  the  part  of  observers 
not  blinded  by  jealousy  or  prejudice,  to  expres- 
sions of  sincere  respect  for  American  prowess  and 
efficiency. 

The  revelation  of  the   fundamental   solidarity,  in 


THE    CALLING    OF   THE   PEACE    CONFERENCE        3 

both  feelings  and  interest,  on  the  part  of  the  two  Chapter  i 
great  branches  of  the  Anglo-Saxon  race  was  beyond  The  solidarity 
doubt  the  most  important  incidental  result  of  the  saxou  vlco!' 
war.  The  people  of  the  British  Empire  stood  almost 
alone  in  their  unwavering  belief  in  the  sincerity  and 
unselfishness  of  the  avowed  purposes  of  the  United 
States,  and  consequently  in  their  warm  sympathy 
and  hope  for  American  success.  Without  a  formal 
alliance,  without  anything  even  in  the  nature  of  a 
diplomatic  understanding,  the  world  was  surprised 
to  observe  that  the  two  great  English-speaking 
peoples  of  the  world  appeared  to  think  and  feel 
in  unison ;  that  all  minor  differences  and  causes 
of  misunderstanding  seemed  to  be  forgotten,  and 
that  the  feeling  of  kinship  —  free  from  all  hos- 
tility against  any  other  power,  and  without  the 
slightest  impairment  of  national  independence  or 
separate  interests,  but  still  strong  and  true  —  domi- 
nated public  and  private  opinion  on  both  sides  of 
the  Atlantic.  It  is  needless  to  add  that  this  fact 
opened  up  to  the  continental  statesman  vistas  of 
which  he  had  never  dreamed  before,  and  that  it 
necessitated  a  more  or  less  complete  revision  of 
previous   calculations,  plans,  and  combinations. 

The  death  of  Prince  Bismarck  was  the  outward  The  death  of 
sign  of  the  end  of  a  period  of  European  history,  ^^^"^'^^ 
justly  called,  after  its  dominant  figure  and  his 
motto,  the  Bismarckian  Epoch,  or  that  of  Blood 
and  Iron.  For  more  than  a  hinnan  generation  the 
titanic  mind  of  the  Iron  Chancellor  had  dominated 
the   international   policy   of    Europe,   and   so  potent 


THE  PEACE   CONFERENCE  AT   THE   HAGUE 


Chapter  I 


Bismarck  a 
friend  of 
peace. 


had  liis  ideas  become,  in  Germany,  that  they  had 
compelled  even  Science  to  bend  to  their  support 
the  masterly  but  "  barrack-trained  "  minds  of  men 
like  Treitschke  and  his  pupils.  The  attempt  was 
made,  not  entirely  without  success,  to  give  a  scien- 
tific and  even  a  systematized  philosophical  basis  to 
the  policy  of  the  most  consistent  and  reckless  realist 
and  opportunist  since  Napoleon.  There  is  probably 
little  danger  that  this  school  of  political  science  and 
philosophy  will  long  outlive  its  mighty  creator,  but 
its  very  existence  bears  witness  to  the  stupendous 
force  of  a  master  mind  which  could  hold  sway,  even 
in  a  realm  hitherto  sacred  to  absolute  freedom  of 
thought  and  of   teaching. 

History  cannot  fairly  question  the  great  Chan- 
cellor's right  to  be  known  as  a  sincere  friend  of 
peace.  The  problems  which  demanded  solution  at 
the  outset  of  his  career  could  not  have  been  settled, 
humanly  speaking,  otherwise  than  with  blood  and 
iron. 

Germany  at  that  time  was  little  more  than  a 
geographical  expression,  and,  at  the  threshold  of  the 
stupendous  industrial  and  commercial  development 
of  the  last  fifty  years,  the  German  people  were  two 
centuries  behind  other  Western  nations  politically 
and  economically.  The  vastly  greater  part  of  the 
nation  had  no  legal  access  to  the  sea,  and  the  entire 
country  bade  fair  to  become  an  object  of  barter  or 
division  among  powerful  surrounding  states,  whose 
designs  were  but  imperfectly  concealed.  The  rivalry 
of  Austria    and   Prussia  had    become  too  acute  for 


THE    CALLING   OF   THE   PEACE   CONFERENCE        5 

longer  continuance,  and  both  tlie  unity  and  indepen- chapter  i 
dence  of  the  German  nation  could  no  longer  be  saved 
except  by  a  triumphant  display  of  force.  Questions 
of  national  independence  or  unification  such  as  these, 
and  the  similar  ones  which  confronted  Italy  forty 
years  ago,  demanded  the  stern  arbitrament  of  war,  by 
which  alone  the  right  to  independence  or  to  national 
unity  can  be  vindicated,  —  but  when  these  achieve- 
ments had  once  been  confirmed,  the  one  end  of  Prince 
Bismarck's  policy  was  the  maintenance  of  peace  in 
Europe.      In  this  he  was  successful,  so  far  as  the  ; 

entire  continent,  with  the  exception  of   the  Balkan  '< 

peninsula,  was  concerned.  His  domination  has  given 
to  Europe,  with  this  one  exception,  thirty  years  of  i 

unbroken  peace  —  the  longest   period   of   repose   in  ' 

modern  history. 

But  the  basis  of  his  policy  was  avowedly  not  so  The  basis  of 
much  a  love  of  peace  for  its  own  sake,  as,  on   the '^'^  ^°^'''^" 
contrary,  the  fear  of  the  consequences  of  war,  and 
his  method  was  the  simplest    imaginable,  —  a  con- 
sistent   and   continually    increasing   preparation   for 
war  by  universal  military  service,  and  the  avowed  | 

determination  to  be  ready  to  strike  the  first  blow, 
wdien  necessary,  with  greater  swiftness  and  effec- 
tiveness than  any  possible  opponent.  After  the 
peace  of  Frankfort,  the  conviction  was  well-nigh 
unanimous  in  the  German  Empire,  that  what  had 
been  won  by  the  sword  would  ere  long  have  to  be 
defended  hy  the  sword ;  and  the  trend  of  public  dis- 
cussion in  France  has  even  yet  hardly  been  calcu- 
lated to  remove  that  impression.     It  was,  therefore. 


6  THE  PEACE   CONFERENCE  AT   THE  HAGUE 

Chapter  I       Comparatively  easy,  in  the  first  flush  of  national  exul- 
tation, to  establish  the  system  of  the  utmost  possible 
preparation  for  war,  as  practically  the  only  guarantee 
of  peace  so  far  as  the  German  Empire  was  concerned. 
Advantases  of      Nor  is  it  fair,  even  from  a  cosmopolitan  or  philo- 
miiitrrv^        sopliical  poiut  of  vicw,  wholly  to  condemn  the  system 
service.  q£  ^niivcrsal  military  service,  as  it  was  first  estab- 

lished in  Prussia  and  is  now  in  vogue  in  continen- 
tal Europe.  That  it  is  a  great  school  of  manliness 
and  discipline  may  readily  be  admitted,  and  the  un- 
doubted democratic  element  which  its  absolute  impar- 
tiality introduces  into  a  military  monarchy  is  deeply 
significant  and  of  far-reaching  importance.  During 
the  continuance  of  Prince  Bismarck  in  office  the 
slightest  criticism,  even  of  the  details  of  this  system, 
seemed  almost  sacrilegious.  Had  he  died  in  office, 
the  force  of  tradition  would  probably  have  upheld  his 
ideas  almost,  if  not  quite,  up  to  the  economic  break- 
ing point.  The  retirement  of  the  great  Chancellor 
eight  years  before  his  death  must  be  considered  in 
many  respects  one  of  the  most  fortunate  occurrences 
for  the  German  people.  It  afforded  a  period  of  tran- 
sition of  incalculable  value.  The  reduction  of  the 
term  of  service  from  three  years  to  two^  is  the  out- 
ward sign  of  a  change  which  would  have  been  diffi- 


^  This  proposal  was  adopted  in  1896,  and  seems  to  have  given 
general  satisfaction,  but  the  mere  suggestion  of  such  a  change  was 
denounced  under  Bismarck  with  a  fury  which,  according  to  Georg  von 
Bunsen,  one  of  the  noblest  and  most  attractive  of  modern  Germans, 
envenomed  and  wasted  the  best  years  of  a  life  full  of  the  brightest 
promise.     See  Marie  von  Bunsen,  Georg  von  Bunsen,  p.  182. 


THE    CALLING   OF  THE   PEACE   CONFERENCE        7 

cult,  if  not  impossible,  under  a  continuance   of  his  Chapter  i 
regime. 

With  his  death,  on  July  30,  1898,  his  own  country- 
men as  well  as  the  world  at  large  felt  that  an  im- 
portant chapter  of  European  history  had  closed. 
The  system  of  "Blood  and  Iron"  had  accomplished 
its  work.  A  generation  had  grown  to  manhood  who  An  outlived 
had  never  seen  a  g-reat  European  war,  and  whose ''^' 


& 


knowledge  of  problems  which  permitted  of  none  but 
a  bloody  solution  was  derived  solely  from  study  and 
tradition.  The  insecure,  burdensome,  and  wasteful 
character  of  the  existing  so-called  "  guarantees  of 
peace  "  could  no  longer  escape  discussion  and  unan- 
swerable demonstration.^  The  first  manifestations  of 
a  Far  Eastern  problem  of  world-wide  significance 
threw  a  specially  lurid  light  upon  the  useless  and 
dangerous  divisions  with  which  the  civilized  powers 


1  The  most  important  example  of  this  fact  is  the  remarkable 
volume  of  Dr.  Eugen  Sclilief,  Der  Friede  in  Europa,  eine  volkerrecht- 
Uche  Studie,  published  in  1892.  Combining  profound  learning  with 
sound  judgment  and  common  sense,  the  author  of  this  book,  to  which 
reference  will  repeatedly  be  made  hereafter,  not  only  demonstrates 
the  practical)ility  of  substituting  an  International  Federation  for 
Justice,  for  the  unstable  equilibrium  of  universal  armaments,  but 
almost  prophetically  forecasts  the  calling  and,  to  a  great  extent,  the 
results  of  the  Peace  Conference.  He  even  suggests  (p.  490)  the  initi- 
ative of  Russia,  and  his  discussion  of  the  political  problems  involved 
shows  statesmanlike  insight  and  diplomatic  tact. 

The  remarkable  speech  of  the  Emperor  Francis  .Joseph  of  Austria- 
Hungary  to  the  Delegations,  in  November,  1891,  quoted  in  Schlief's 
book,  p.  134,  may  also  be  cited  as  an  expression  which  would  hardly 
have  been  made  during  Prince  Bismarck's  continuance  in  power, 
and  which  was  in  direct  contradiction  to  the  "barracks-philosophy" 
referred  to  abov^e. 


8  THE   PEACE    CONEERENCE   AT    THE    HAGUE 

Chapter  I       Were    confroiitino-    a   situation    frang;ht   with    o;rave 
possibilities. 

In  seemingly  hopeless  darkness  the  world  anxiously 
awaited  a  sign  of  the  dawn  of  another  and  a  better 
era,  and  in  the  fulness  of  time  it  came. 


The  Rescript  op  the  Russian  Emperor 

At  the  regular  weekly  reception  of  the  diplomatic 
representatives  accredited  to  the  Court  of  St.  Peters- 
burg, held  at  the  Foreign  Office  in  that  city  on 
Wednesday,  August  24  (12th,  old  style),  1898,  each 
visitor  was  surprised  to  receive  from  Count  Moura- 
vieff,  the  Russian  Foreign  Minister,  a  lithographed 
communication,  which  read  as  follows :  — 
Text  of  the  "  The  maintenance  of  general  peace,  and  a  possible 

reduction  of  the  excessive  armaments  which  weigh 
upon  all  nations,  present  themselves  in  the  existing 
condition  of  the  whole  world,  as  the  ideal  towards 
which  the  endeavors  of  all  Governments  should  be 
directed. 

"  The  humanitarian  and  magnanimous  ideas  of  His 
Majesty  the  Emperor,  my  August  Master,  have  been 
won  over  to  this  view.  In  the  conviction  that  this 
lofty  aim  is  in  conformity  with  the  most  essential 
interests  and  the  legitimate  views  of  all  Powers,  the 
Imperial  Government  thinks  that  the  present  moment 
would  be  very  favorable  for  seeking,  by  means  of 
international  discussion,  the  most  effectual  means 
of  insuring  to  all  peoples  the  benefits  of  a  real 
and    durable    peace,  and,   above   all,  of   putting   an 


Rescript. 


THE   CALLING   OF   THE  PEACE   CONFERENCE        9 

end  to  the  progressive  development  of  the  present  Chapter  i 
armaments.  Text  of  the 

Rescript. 

"  In  the  course  of  the  last  twenty  years  the 
longings  for  a  general  appeasement  have  become 
especially  pronounced  in  the  consciences  of  civil- 
ized nations.  The  preservation  of  peace  has  been 
put  forward  as  the  object  of  international  policy ; 
in  its  name  great  States  have  concluded  between 
themselves  powerful  alliances ;  it  is  the  better  to 
guarantee  peace  that  they  have  developed,  in  propor- 
tions hitherto  unprecedented,  their  military  forces, 
and  still  continue  to  increase  them  without  shrinking 
from  any  sacrifice. 

"  All  these  efforts  nevertheless  have  not  yet  been 
able  to  brino;  about  the  beneficent  results  of  the 
desired  pacification.  The  financial  charges  following 
an  upward  march  strike  at  the  public  prosperity  at 
its  very  source. 

"  The  intellectual  and  physical  strength  of  the 
nations,  la])or  and  capital,  are  for  the  major  part 
diverted  from  their  natural  application,  and  unpro- 
ductively  consumed.  Hundreds  of  millions  are 
devoted  to  acquiring  terrible  engines  of  destruction, 
which,  though  to-day  regarded  as  the  last  word  of 
science,  are  destined  to-morrow  to  lose  all  value  in 
consequence  of  some  fresh  discovery  in  the  same 
field. 

"  National  culture,  economic  progress,  and  the  pro- 
duction of  wealth  are  either  paralyzed  or  checked  in 
their  development.  Moreover,  in  proportion  as  the 
armaments  of  each  Power  increase  so  do  they  less 


10      nil':  PI': ACE  confehknce  at  the  hague 

Chapter  I       aiicl   less   fulfill   the   object  which   the   Governments 
Text  of  the     liavc  Hct  before  themselves, 
escript.  ^i  rpi^^  economic  crises,  clue   in  great   part  to  the 

system  of  armaments  a  Voutrance,  and  the  continual 
danger  which  lies  in  this  massing  of.  war  material, 
are  transforming  the  armed  peace  of  our  days  into  a 
crushing  burden,  which  the  peoples  have  more  and 
more  difficulty  in  bearing.  It  appears  evident,  then, 
that  if  this  state  of  things  were  prolonged,  it  would 
inevitably  lead  to  the  very  cataclysm  which  it  is 
desired  to  avert,  and  the  horrors  of  wdiich  make 
every  thinking  man  shudder  in  advance. 

"  To  put  an  end  to  these  incessant  armaments  and 
to  seek  the  means  of  warding  off  the  calamities 
which  are  threatening  the  whole  world,  —  such  is  the 
supreme  duty  which  is  to-day  imposed  on  all  States. 

"  Filled  with  this  idea.  His  Majesty  has  been 
pleased  to  order  me  to  propose  to  all  the  Govern- 
ments whose  representatives  are  accredited  to  the 
Imperial  Court,  the  meeting  of  a  conference  which 
would  have  to  occupy  itself  with  this  grave  problem. 

"  This  conference  should  be,  by  the  help  of  God,  a 
happy  presage  for  the  century  which  is  about  to 
open.  It  would  converge  in  one  powerful  focus  the 
efforts  of  all  States  which  are  sincerely  seeking  to 
make  the  great  idea  of  universal  peace  triumph  over 
the  elements  of  trouble  and  discord. 

"  It  would,  at  the  same  time,  confirm  their  agree- 
ment by  the  solemn  establishment  of  the  principles 
of  justice  and  right,  upon  which  repose  the  security 
of  States  and  the  welfare  of  peoples." 


THE   CALLING   OF   THE   PEACE   CONFERENCE      11 

Among  the  representatives  who  received  this  com-  Chapter  i 
munication  on  that  day  was  Sir  Charles  Scott,  Her  Report  of  the 
iiritannic  Majesty  s  Ambassador  m   hi.   reters burg,  Ambassador. 
who  in  his  despatch  to  Lord   Salisbury,   dated    the 
following  day,  gives  the  following  substance  of  the 
remarks  of  Count  Mouravieff  made  at  the  time :  — 

"  Count  Mouraviett"  begged  me  to  remark  that  this 
eloquent  appeal,  which  he  had  drawn  w^  at  the 
dictation  of  the  Emperor,  did  not  invite  a  general 
disarmament,  as  such  a  .proposal  Avould  not  have 
been  likely  to  be  generally  accepted  as  a  practical 
one  at  present,  nor  did  His  Imperial  Majesty  look  for 
an  immediate  realization  of  the  aims  he  had  so  much 
at  heart,  Init  desired  to  initiate  an  effort,  the  effects 
of  which  could  only  be  gradual. 

"  His  Excellency  thought  that  the  fact  that  the 
initiative  of  this  peaceful  effort  was  being  taken 
by  the  Sovereign  of  the  largest  military  Power,  with 
resources  for  increasing  its  military  strength  unre- 
stricted by  Constitutional  and  Parliamentary  limita- 
tions, would  appeal  to  the  hearts  and  intelligence  of 
a  very  large  section  of  the  civilized  world,  and  show 
the  discontented  and  disturbing  classes  of  society  that 
powerful  military  Governments  were  in  sympathy 
with  their  desire  to  see  the  wealth  of  their  countries 
utilized  for  productive  purposes,  rather  than  exhausted 
in  a  ruinous  and,  to  a  great  extent,  useless  competi- 
tion for  increasing  the  powers  of  destruction. 

"  I  observed,  in  reply,  that  it  would  be  difficult  to 
remain  insensible  to  the  noble  sentiments  which  had 
inspired  this  remarkable  document,  which  I  w^ould 


12        THE   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  I       forward  at  once  to  your  lordship,  and  I  felt  sure  that 
it  would  create  a  profound  impression  in  England." 

Despatch  On  August  30,  Mr.  Balfour,  then  temporarily  in 

B^iToun         charge  of  the  Foreign  Office,  replied  to  Sir  Charles 
Scott  as  follows  :  — 

"  As  the  Prime  Minister  is  abroad  and  the  Cabinet 
scattered,  it  is  impossible  for  me  at  present  to  give 
any  reply,  but  I  feel  confident  that  I  am  only  express- 
ing the  sentiments  of  my  colleagues  when  I  say  that 
Her  Majesty's  Government  most  warmly  sympathize 
"wdth  and  approve  the  pacific  and  economic  objects 
which  His  Imperial  Majesty  has  in  view^" 

Acceptance  of      Tlic  United  States  of  America  accepted  the  invita- 
states!^  tion  contained  in  Count  Mouravieff's  circular  at  once, 

and  the  Ambassador  at  St.  Petersburg  was  instructed 
to  do  so  orally  in  the  most  cordial  terms. 

The  European  press  having  to  a  great  extent  mis- 
understood or  misconstrued  the  meaning  of  the  cir- 
cular, the  following  official  communication  appeared 
in  the  Journal  de  St.  Petershurcj,  on  Sunday,  Sep- 
tember 4  :  — 
Russian  "  All  tlic  uttcranccs  of  the  foreign  press  regarding 

the  Res^cHpt°  ^lic  Circular  of  the  24  ult.  agree  in  testifying  to  the 
and  its  object,  gyj-j-^p^^j^y  witli  wliicli  the  actiou  of  the  Russian  Gov- 
ernment has  been  received  by  the  whole  world.  A 
high  tribute  of  acknowledgment  is  paid  to  the  noble 
and  magnanimous  conception  which  originated  this 
great  act.  The  unanimity  of  "welcome  proves  in  the 
most  strikinar  manner  to  what  a  deo;ree  the  reflec- 


THE   CALLING    OF   THE  PEACE   CONFERENCE       13 

tions,  which  lay  at  the  root  of  the  Russian  proposal,  chapter  i 
correspond  with  the  innermost  feelings  of  all  nations 
and  their  dearest  wishes. 

"  On  all  sides  people  had  come  to  the  conclusion 
that  continuous  armaments  were  a  crushing  burden 
to  all  nations,  and  that  they  constituted  a  bar  to 
public  prosperity.  The  most  ardent  wish  of  the 
nations  is  to  be  able  to  give  themselves  up  to  peace- 
ful lalwr,  looking  calmly  to  the  future,  and  they  per- 
ceive clearly  that  the  present  system  of  armed  peace 
is  in  its  tendency  peaceful  only  in  name. 

"It  is  to  the  excesses  of  this  system  that  Russia 
desires  to  put  an  end.  The  question  to  be  settled  is 
without  doubt  a  very  complicated  one,  and  some 
organs  of  public  opinion  have  already  touched  on  the 
difficulties  which  stand  in  the  way  of  a  practical 
realization.  Nobody  can  conceal  from  himself  the 
difficulties,  but  they  must  be  courageously  confronted. 

"  The  intention  of  the  Circular  is  precisely  to  pro- 
vide for  a  full  and  searching  investigation  of  this 
question  by  an  international  exchange  of  views. 
Certain  other  questions  difficult  of  solution  but  of 
not  less  moment  have  already  been  settled  in  this 
century  in  a  manner  which  has  done  justice  to  the 
great  interests  of  humanity  and  civilization.  The 
results  which  in  this  connection  have  been  obtained 
at  international  conferences,  particularly  at  the  Con- 
gresses of  Vienna  and  Paris,  prove  what  the  united 
endeavors  of  Governments  can  achieve  when  they 
proceed  in  harmony  with  public  opinion  and  the 
needs  of  civilization. 


14 


THE   PEACE   CONFERENCE   AT   THE   HAGUE 


Chapter  I  "  The  Russiaii  proposal  calls  all  States  to  greater 

effort  than  ever  before,  Ijiit  it  will  redound  to  the 
honor  of  humanity  at  the  dawn  of  the  twentieth 
century  to  have  set  resolutely  about  this  work  that 
the  nations  may  enjoy  the  benefits  of  peace,  relieved 
of  the  overwhelming  burdens  which  impede  their 
economic  and  moral  development." 


Despatch 
from  Lord 
Salisbury. 


All  of  the  States  invited  to  the  Conference  accepted 
the  invitation,  the  last  formal  acceptance  to  be  received 
being  that  of  Great  Britain  on  October  24.  Lord 
Salisbury  wrote  as  follows  to  the  British  Ambassador 
at  St.  Petersburg  :  — 

'"  Her  Majesty's  Government  have  given  their  care- 
ful consideration  to  the  memorandum  which  was 
placed  in  your  hands  on  August  24  last  by  the 
Russian  Minister  for  Foreign  Affairs,  containing  a 
proposal  of  His  Majesty  the  Emperor  of  Russia  for 
the  meeting  of  a  conference  to  discuss  the  most 
effective  methods  of  securing  the  continuance  of 
general  peace  and  of  putting  some  limit  on  the  con- 
stant increase  of  armaments. 

"  Your  Excellency  was  instructed  at  the  time  by 
Mr.  Balfour,  in  my  absence  from  England,  to  explain 
the  reasons  which  would  cause  some  delay  before  a 
formal  reply  could  be  returned  to  this  important 
communication,  and,  in  the  meanwhile,  to  assure  the 
Russian  Government  of  the  cordial  sympathy  of  Her 
Majesty's  Government  with  the  objects  and  inten- 
tions of  His  Imperial  Majesty.  That  this  sympathy 
is  not  confined  to  the  Government,  but  is  equally 


THE    CALLING   OF   THE   PEACE  CONFERENCE      15 

shared  by  popular  opinion  in  this  country,  lias  been  chapter  i 
strikingly  manifested  since  the  Emperor's  proposal 
has  been  made  generally  known  by  the  very  numer- 
ous resolutions  passed  by  public  meetings  and  socie- 
ties in  the  United  Kingdom.  There  are,  indeed,  few 
nations,  if  any,  which,  both  on  grounds  of  feeling 
and  interest,  are  more  concerned  in  the  maintenance 
of  general  peace  than  is  Great  Britain. 

"  The  statements  Avhich  constitute  the  ^rounds  of 
the  Emperor's  proposal  are  but  too  well  justified. 
It  is  unfortunately  true  that  while  the  desire  for  the 
maintenance  of  peace  is  generally  professed,  and 
while,  in  fact,  serious  and  successful  efforts  have 
on  more  than  one  recent  occasion  been  made  with 
that  object  by  the  great  Powers,  there  has  been  a 
constant  tendency  on  the  part  of  almost  every  nation 
to  increase  its  armed  force,  and  to  add  to  an  already 
vast  expenditure  on  the  appliances  of  war.  The 
perfection  of  the  instruments  thus  brought  into  use, 
their  extreme  costliness,  and  the  horrible  carnage  and 
destruction  which  would  ensue  from  their  employ- 
ment on  a  large  scale,  have  acted  no  doubt  as  a 
serious  deterrent  from  W' ar.  But  the  burdens  imposed 
by  this  process  on  the  populations  affected  must,  if 
prolonged,  produce  a  feeling  of  unrest  and  discontent 
menacing  both  to  internal  and  external  tranquillity. 

"  Her  Majesty's  Government  will  gladly  cooperate 
in  the  proposed  effort  to  provide  a  remedy  for  this 
evil ;  and  if,  in  any  degree,  it  succeeds,  they  feel  that 
the  Sovereign  to  whose  suggestion  it  is  due  will  have 
richly  earned  the  gratitude  of  the  world  at  large. 


16       THE  PEACE   CONFERENCE   AT   THE  HAGUE 

Chapter  I  "  Your  Excelleiicy  is,  therefore,  authorized  to  assure 

Count  Mouravieff  that  the  Emperor's  proposal  is 
willingly  accepted  by  Her  Majesty's  Government, 
and  that  the  Queen  will  have  pleasure  in  delegating 
a  Representative  to  take  part  in  the  Conference 
whenever  an  invitation  is  received.  Her  Majestj^'s 
Government  hope  that  the  invitation  may  be  accom- 
panied l)y  some  indication  of  the  special  points  to 
which  the  attention  of  the  Conference  is  to  be 
directed,  as  a  guide  for  the  selection  of  the  British 
Representative,  and  of  the  assistants  by  whom  he 
should  be  accompanied. 

"  You  will  read  this  despatch  to  the  Minister  for 
Foreign  Affairs,  and  leave  him  a  copy  of  it." 

Despatch  On  Novcmbcr  9,  Mr.  Herbert  H.  D.  Peirce,  Charge 

unheli'states  cl'Affaircs  of  the  United   States  to  Russia,  reported 
Charge  hig  obscrvatious  ou  the  spot  uT)on  the  proposed  Con- 

d  Affaires.  ^  ^  _  ^       ^       _ 

ference  to  the  Secretary  of  State  in  a  most  interest- 
ing and  valuable  despatch,  which  is  here  quoted 
almost   in  its   entirety :  — 

"  The  question  presents  two  broad  phases  :  — 
"  1.  The  humanitarian  aspect,  looking  toward  a 
future  universal  peace,  which,  while  it  has  long  been 
the  di-eam  of  philanthropists,  has  never  before,  I 
believe,  been  recognized  as  an  attainable  end,  even 
in  the  distant  future,  in  the  materialism  which  gov- 
erns State  policies  and  international  relations. 

"  2.  The  purely  economic  question  of  the  absorp- 
tion of  men  and  resources  for  purely  military  purposes, 
to  the  detriment  of  national  wealth  and  prosperity. 


THE    CALLING    OF   THE   PEACE    CONFERENCE      17 

"  While  both  aspects  of  the  question  are  clearly  set  chapter  i 
forth  as  actuating  the  Imperial  Government  in  Count 
Mouravieff's  circular,  I  am  convinced  that  the  gravity 
of  its  economic  side  is  not  lost  sight  of  or  obscured 
by  any  undue  enthusiasm  over  its  humanitarian 
aspect. 

"  It  is,  perhaps,  at  first  blush  a  little  disappointing 
that  this  great  proposition  of  the  Emperor's  does  not 
meet  with  warmer  enthusiasm  among  the  Russians 
themselves.  But  it  should  be  remembered  that  the 
idea  that  a  vast  army  is  anything  but  a  glory  and  a 
blessing  is  not  only  new^,  but  is  contrary  to  the  tradi- 
tions instilled  into  the  Russian  mind  and  careful!}' 
fostered  ever  since  the  time  of  Peter  the  Great.  T<j 
expect  them  now  to  at  once  respond  with  enthusiasm 
to  a  proposition  which  involves  the  belief  that  this 
great  military  establishment,  hitherto  held  up  as  the 
bulwark  and  safety  of  the  nation,  is  in  fact  but  a 
drain  upon  the  resources  of  the  country  and  wdiich 
threatens  to  paralyze  its  development,  w^ould  be  to 
require  an  elasticity  of  temperament  which  the 
national  character  does  not  possess.  Nor  does  the 
humanitarian  aspect  especially  appeal  to  the  ordinary 
Russian  mind.  The  semi-oriental  influences  and  tra- 
ditions of  the  people  have  bred  in  them  a  slight 
regard  for  the  value  of  human  life  and  an  apathetic 
fatalism  which  does  not  admit  of  the  same  point  of 
view  as  exists  in  Western  peoples.  But  furthermore, 
as  this  is  essentially  a  military  centre,  in  which  the 
greater  part  of  society  has  some  near  individual 
interest  in  the  army,  an}'  proposition   looking  to  a 


18        THE  PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  I       reduction  of   the    army   suggests    the    possibility  of 
Despatch        affectiuo;  personal  interests  which  could  not  be  com- 

from  the  °  ^ 

United  States  placcutly  regarded. 

d'^Afaires.  "  -^^  the  Same  time  I  do  not  wish  to  be  understood 

as  implying  that  there  are  not  large  numbers  of 
people,  both  among  the  highly  educated  and  among 
the  merchant  classes,  who  enter  with  enthusiasm 
into  the  views  promulgated  by  the  Emperor.  These 
there  are,  and  they  regard  the  action  with  exultant 
pride  in  the  sovereign,  but  they  do  not  constitute  the 
majority. 

"  That  the  Russian  press  is  silent  on  the  subject  is 
due  to  the  fact  that  the  newspapers  have  been  for- 
bidden to  discuss  the  matter.  Naturally  ofhcials  of 
the  Government  are  unwilling  to  give  free  expression 
to  any  opinions  they  may  hold  on  the  subject.  But 
whatever  may  be  the  state  of  public  opinion  on  the 
question,  it  is  safe  to  say  that  it  will  not  in  any  way 
sway  the  policy  of  the  Emperor. 

"  The  general  consensus  of  opinion  among  the 
members  of  the  Diplomatic  Corps  now  present 
appears  to  be  that  the  proposition  is  visionary  and 
Utopian,  if  not  partaking  of  Quixotism.  Little  of 
value  is  expected  to  result  from  the  Conference,  and 
indeed  every  diplomatic  officer  with  whom  I  have 
talked  seems  to  regard  the  proposition  with  that 
technical  scepticism  which  great  measures  of  reform 
usually  encounter.  This  is  perhaps  an  argument  in 
support  of  an  opinion  which  has  been  advanced  in 
certain  journals  that,  diplomatic  training  and  tradi- 
tions being  wholly  opposed  to  the  objects  in  view, 


THE   CALLING   OF   THE  PEACE   CONFERENCE      19 

diplomatic   officers  would    be  unsuitable   representa- chapter  i 
tives  for  such  a  Conference. 

"  You  are  doubtless  already  well  informed  as  to  the 
attitude  of  the  European  press  on  the  subject,  and 
as  the  Russian  journals  contribute  nothing  to  its 
literature  I  hesitate  to  attempt  any  sunmiary,  but 
yet  a  few  observations  concerning  what  has  come 
under  my  notice  may  not  be  deemed  amiss.  Here 
also,  in  the  absence  of  any  other  modus  vivendi  than 
droit  de  force,  scepticism  as  to  the  possibility  of 
arriving  at  any  results  characterizes  the  greater  part 
of  the  utterances,  although  nearly  all  unite  in  paying 
high  tribute  to  the  philanthropic  motives  of  the 
Emperor  in  calling  the  Conference.  A  few,  chiefly 
of  the  less  serious  journals,  referring  to  the  recent 
increase  in  Russia's  army  and  naval  strength,  as 
well  as  to  her  attitude  in  China,  cast  insinua- 
tions upon  the  good  faith  of  his  alleged  benevolent 
intent. 

"  Many  of  the  French  papers  bring  up  the  old  bone 
of  contention  between  France  and  Germany  over 
Alsace-Lorraine  as  an  insurmountable  impediment  to 
any  halt,  on  the  part  of  France,  in  her  military 
progress,  while  others  suggest  that  a  compromise  on 
this  question  which  would  forever  end  it  might  be 
reached  by  Germany's  surrendering  Lorraine.  Nearly 
all  apply  some  point  or  other  of  international  politics 
to  the  question,  pointing  to  it  as  an  obstacle  to  be 
overcome  before  anything  approaching  disarmament 
can  be  considered,  even  when  grave  results  are 
admitted  as  an  inevitable  end   to  a  continuance  of 


20         THE   PEACE    CONFERENCE   AT    THE   HAGUE 

Chapter  I       tlie  present  progress  in  aj)plicd  military  science  and 
Despatch        development. 

from  the  „  .       .  ,  •  i       •  •       i       i        i 

United  States  ''  Ccrtam  joumals,  considermg  more  particularly  the 
(TAffaires.  Gconomic  sidc  of  the  question,  point  to  Italy  as  a 
State  ruined  by  the  military  development  of  the  age. 
Statistical  facts  are  brought  forward  to  show  the 
enormous  sum  expended  annually  by  the  various 
States  for  military  purposes  and  the  vast  numljers  of 
men  kept  out  of  nseful  employment,  while,  on  the 
other  side,  is  given  some  idea  of  what  could  be 
accomplished,  in  the  way  of  material  wealth,  by  the 
employment  of  the  same  men  and  money  ]orod ac- 
tively, giving  rise  to  the  reflection  that  possibly  the 
increased  wealth  and  resources  so  gained  would  be 
as  powerful  an  agent  in  holding  back  aggression  as 
are  the  present  standing  armies  of  Europe.  Our  own 
recent  war  has  been  an  object  lesson  to  all  the  world 
in  the  power  of  material  wealth  in  time  of  national 
need. 

"Many  German  newspapers  have,  while  eulogizing 
the  Emperor's  humanitarian  benevolence,  argued  that 
the  expenditure  of  money  and  employment  of  men 
for  military  purposes  is  not  impoverishing  the  State, 
since  the  money  is  expended  and  redistributed 
through  the  country^  while  the  men  find  employment 
which  they  could  not  otherwise  obtain.  It  is  need- 
less to  say  that  these  writers  are  not  disciples  of  John 
Stuart  Mill. 

'^The  English  newspapers  have  generally  treated 
the  subject  more  abstractly  than  the  continental 
press,   admitting    the  truth  of    the  broad  principles 


THE    CALLING    OF   THE   PEACE   CONFERENCE       L'l 

involved,  but  wliile  less  ready  to  find  specific  objec- Chapter i 
tions  and  obstacles  are  still  not  free  from  scepticism 
as  to  the  possibilities. 

^'  But  few  suggestions  for  the  accomplishment  of 
the  desired  result  have  been  made,  though  there  have 
been  some,  as  for  instance  the  proposal  that  the 
minor  powers  should  disarm,  the  peace  of  Europe  to 
be  guaranteed  by  the  Great  Powers,  a  measure  which, 
while  doubtless  beneficial  to  the  smaller  States, 
would  leave  the  guaranteeing  Powers  where  they 
are. 

"Count  Lansdorff  informs  me  that  the  Imperial 
Government  has  as  yet  formulated  no  further  pro- 
gramme regarding  the  conference  than  that  given  in 
the  Embassy's  No.  141  of  September  ord,  nor  has  it 
an}^  definite  policy  in  the  matter,  the  purpose  of  the 
Conference  being  tentative  and  to  open  discussion  as 
to  the  best  means  to  brmg  about  the  desired  result,  if 
it  be  possible  of  attainment  at  all.  I  do  not  thnik  that 
it  is  the  expectation  of  any  one  in  the  Imperial  Gov- 
ernment that  the  end  in  view  can  even  approxunately 
be  reached  at  an  early  day.  The  difficulties  standing 
in  the  way  are  full}-  realized,  but  what  is  hoped  for 
is  that,  by  opening  the  discussion,  Avays  to  meet  these 
difficulties  may  suggest  themselves. 

"  In  a  conversation  which  I  have  recently  had  on 
the  subject  with  a  very  eminent  authority  on  inter- 
national law  of  world-wide  reputation,  the  following 
views  were  expressed.  Droit  cle  force,  being,  in  effect, 
the  modus  vivendi  under  which  nations  now  maintain 
their   respective  claims,  if  the  very  essence  of  that 


22        Till-:   PEACE   CONFERENCE  AT   THE   HAGUE 

Chapter  I  vioclus  vivcndi  is  to  be  swept  away,  as  must  be  the 
Despatch  case  if  aiij  restriction  is  laid  upon  the  employment 
uuite.i  states  by  a  nation  of  any  part  of  its  resources  at  its  own 
d'Atfhires.  cliscrctiou  in  military  development,  a  new  modus 
vivendl  must  be  found  adequate  to  the  new  condi- 
tions. Every  nation,  as  every  individual,  is  unal- 
terably justified  in  defending  its  own  rights  against 
all  encroachments  by  such  means  as,  within  accepted 
usage,  lie  within  its  grasp,  and  to  repel  force  by 
force.  In  civilized  comnnniities  the  law  undertakes 
to  protect  the  individual  in  his  rights  in  lieu  of 
his  maintenance  of  them  vi  et  armis.  But  there  is 
among  nations  no  equivalent  to  the  laws  of  civilized 
communities,  for,  however  highly  the  principles  of 
so-called  international  law,  as  enunciated  by  the 
various  eminent  authorities  on  the  subject,  may  be 
regarded,  they  have  not  the  sanctioning  force  of  law, 
except  in  so  far  as  certain  of  them  are  incorporated 
into  treaties.  In  our  own  relations  with  Russia  we 
have  recently  had  an  illustration  of  the  absence  of 
binding  force  of  generally  accepted  jDrinciples  of 
international  law.  I  refer  to  the  case  of  the  James 
Ham^ilton  Lewis  and  the  reply  of  the  Russian  Gov- 
ernment referred  to  in  the  Embassy's  No.  177  of  the 
11th  instant,  in  which  the  Russian  Government,  find- 
ing that  the  generally  accepted  principle  of  a  juris- 
diction extending  three  miles  out  to  sea  is  inadequate 
to  the  defence  of  its  case,  claims  that  the  limit  of 
marine  jurisdiction  should  be  considered,  in  view  of 
modern  conditions,  as  extending  to  at  least  five  miles 
from  shore. 


THE   CALLING   OF  THE  PEACE   CONFERENCE      23 

"  The  proposal  of  the  Emperor  would  seem  to  Chapter  i 
make  the  time  auspicious  for  tlie  consideration  of 
the  question  of  compiling  a  code  of  international 
principles  having,  by  acceptance  by  treaty  among  the 
Powers,  the  sanctioning  force  of  law.  While  it  is 
not  to  be  pretended  that  such  a  code  wouhl  be  the 
universal  panacea  for  all  international  difficulties 
and  disputes,  any  more  than  the  civil  law  cures  all 
private  quarrels,  it  would  at  least  be  a  great  stride 
in  advance  in  international  relations,  and  might  form 
the  basis  of  a  modus  vivendi  among  the  Powers  which 
would  take  the  place  of  droit  deforce. 

"  It  may  be  argued  that,  given  such  a  code,  there 
would  still  be  lacking  either  police  or  judicial  tribunal 
to  make  it  effective.  But  the  same  argument  might 
be  applied  to  treaties,  and  yet  experience  shows  that 
the  agreement  of  nations  by  treaty,  while  it  does  not 
prevent  warfare,  diminishes  it  and  improves  inter- 
national relations. 

"  If  it  is  admitted  that  the  existence  of  such  a  code 
be  a  gain  in  international  relations,  it  might  perhaps 
be  pertinent  to  consider  a  further  extension  of  the 
same  idea  in  the  establishment  of  a  permanent  inter- 
national congress,  having  legislative  powers,  subject 
to  the  ratification  of  the  respective  Governments, 
whose  functions  should  be  to  so  amend,  from  time 
to  time,  the  international  statutes  as  to  meet  new  or 
unforeseen  conditions."  ^ 

The  next  official  communication,  with  reference 
to   the   Conference,   is  the   circular  letter  of   Count 

^  MSS.  State  Department. 


24        THE   PEACE   CONFERENCE   AT   THE   HAGUE 

Chapter  I       Mouravieff,  dated  St.  Petersburg,  January  11,  1899 

(December  30,  1898,  old  style),  as  follows :  — 
Text  of  tiu>  "•  When,  in  the  month  of  August  last,  my  August 

circular  of  Mastcr  iustructcd  me  to  propose  to  the  Governments 
]\i('mravieff,  wliicli  liavc  Representatives  in  St.  Petersbiu^g  the 
r)ec.3o  189S,  meetinsr  of  a  Conference  with  the  obiect  of  seekino; 

Jau.  11,  ISit'.t.  '^  _  . 

the  most  efficacious  means  for  assuring  to  all  peo- 
ples the  blessings  of  real  and  lasting  peace,  and, 
above  all,  in  order  to  put  a  stop  to  the  progressive 
development  of  the  present  armaments,  there  ap- 
peared to  be  no  obstacle  in  the  way  of  the  reali- 
zation, at  no  distant  date,  of  this  humanitarian 
scheme. 

"  The  cordial  reception  accorded  by  nearly  all  the 
Powers  to  the  step  taken  by  the  Imperial  Govern- 
ment could  not  fail  to  strengthen  this  expectation. 
While  highly  appreciating  the  sympathetic  terms  in 
wdiich  the  adhesions  of  most  of  the  Powers  were 
expressed,  the  Imperial  Cabinet  has  been  also  able  to 
collect,  with  lively  satisfaction,  evidence  of  the 
warmest  approval  which  has  reached  it,  and  con- 
tinues to  be  received,  from  all  classes  of  society  in 
various  parts  of  the  globe. 

"  Notwithstanding  the  strong  current  of  opinion 
which  exists  in  favor  of  the  ideas  of  general  pacifica- 
tion, the  political  horizon  has  recently  undergone  a 
decided  change.  Several  Powers  have  undertaken 
fresh  armaments,  striving  to  increase  further  their 
military  forces,  and  in  the  presence  of  this  uncertain 
situation,  it  might  be  asked  whether  the  Powers  con- 
sidered the  present  moment  opportune  for  the  inter- 


THE   CALLING    OF   THE   PEACE   CONFERENCE      25 

national    discussion    of   the    ideas    set    forth   in   the  chapter  i 
Circular  of  August  12  (24,  0.  S.). 

"  In  the  hope,  however,  that  the  elements  of  trouble 
agitating  political  centres  will  soon  give  place  to  a 
calmer  disposition  of  a  nature  to  favor  the  success 
of  the  proposed  Conference,  the  Imperial  Govern- 
ment is  of  opinion  that  it  would  be  possible  to  pro- 
ceed forthwith  to  a  preliminary  exchange  of  ideas 
between  the  Powers,  with  the  object :  — 

"  {a)  Of  seeking  without  delay  means  for  putting 
a  limit  to  the  progressive  increase  of  military  and 
naval  armaments,  a  question  the  solution  of  which 
becomes  evidently  more  and  more  urgent  in  view  of 
the  fresh  extension  given  to  these  armaments ;  and 

"  {h)  Of  preparing  the  way  for  a  discussion  of  the 
questions  relating  to  the  possibility  of  preventing 
armed  conflicts  by  the  pacific  means  at  the  disposal 
of  international  diplomacy. 

"  In  the  event  of  the  Powers  considering  the  pres- 
ent moment  favorable  for  the  meeting  of  a  Conference 
on  these  bases,  it  would  certainly  be  useful  for  the 
Cabinets  to  come  to  an  understanding  on  the  subject 
of  the  programme  of  their  labors. 

"  The  subjects  to  be  submitted  for  international 
discussion  at  the  Conference  could,  in  general  terms, 
be  summarized  as  follows  :  — 

"  1.  An  understandino;  not  to  increase  for  a  fixed 
period  the  present  effective  of  the  armed  military  and 
naval  forces,  and  at  the  same  time  not  to  increase 
the  Budgets  pertaining  thereto ;  and  a  preliminary 
examination   of   the    means   by   which    a   reduction 


26        THE   PEACE   CONFERENCE   AT   THE   HAGUE 

Chapter  I       might  eveu  be  effected  in  futvuv  in  the  forces  and 
Text  of  the     Biulgets  above  mentioned. 

rircuiarof  '"2.    To  prohibit  the  use  in  the  armies  and  fleets  of 

M.mravieff,     ^^^J  ^^^w  kind  of  fire-amis  whatever,  and  of  new  ex- 
jan  u  1899'  ploslvcs,  or  any  powders  more  powerful   than   those 
now  in  use,  either  for  rifles  or  cannon. 


formidable  explosives  already  existing,  and  to  pro- 
hibit the  throwing  of  projectiles  or  explosives  of  any 
kind  from  l^alloons  or  by  any  similar  means. 

''  4.  To  prohibit  the  use,  in  naval  warfare,  of  sub- 
marine torpedo-boats  or  plungers,  or  other  similar 
eno'ines  of  destruction ;  to  give  an  undertaking  not 
to  construct,  in  the  future,  ^'essels  with  rams. 

'•  5.  To  apply  to  naval  warfare  the  stipulations  of 
the  Geneva  Convention  of  1864,  on  the  basis  of  the 
additional  Articles  of  1808. 

•'  6.  To  neutralize  ships  and  boats  employed  in  sav- 
ing those  overboard  durino;  or  after  an  engagement. 

"  7.  To  revise  the  Declaration  concerning  the  laws 
and  customs  of  war  elaborated  in  1874  by  the  Con- 
ference of  Brussels,  which  has  remained  unratified 
to  the  present  day. 

'•8.  To  accept  in  principle  the  employment  of  good 
offices,  of  mediation  and  facultative  arbitration  in 
cases  lending  themselves  thereto,  with  the  object  of 
preventing  armed  conflicts  between  nations ;  to  come 
to  an  understanding  with  respect  to  the  mode  of 
applying  these  good  offices,  and  to  establish  a  uni- 
form practice  in  using  them. 

"  It  is  well  understood  that  all  questions  concern- 


THE   CALLIXG   OF   THE   PEACE    CONFERENCE      27 

ing  the  political  relations  of  States,  and  the  order  of  Chapter  i 
things  established  by  Treaties,  as  in  general  all  (jues- 
tions  which  do  not  directly  fall  within  the  programme 
adopted  b}^  the  Cabinets,  must  be  absolutely  excluded 
from  the  deliberations  of  the  Conference. 

"  In  requesting  you,  Sir,  to  be  good  enough  to  apply 
to  your  Government  for  instructions  on  the  subject 
of  my  present  communication,  I  ])eg  you  at  the  same 
time  to  inform  it  that,  in  the  interest  of  the  great 
cause  which  my  August  Master  has  so  much  at  heart. 
His  Imperial  Majesty  considers  it  advisable  that  the 
Conference  should  not  sit  in  the  capital  of  one  of  the 
Great  Powers,  where  so  many  ^^olitical  interests  are 
centred  which  might,  j)erhaps,  impede  the  progress 
of  a  work  in  which  all  the  countries  of  the  universe 
are  equally  interested. 

"  I  have,  etc., 

(Signed)         ''  Comte  Mouravieff." 

In  communicating  this  circular  note  to  Lord  Sal  is- Despatch 
biu-y,  Sir  Charles  Scott,  the  British  Ambassador  at  British''' 
St.    Petersburg,    in    a    despatch    dated    January    12,  :^'»'"»ssaaor 
1899,  and   printed    in  the  British    Blue  Book,  mis- Petersburg, 
cellaneous,  No.  1,  1899,  states:  — 

"  It  will  be  observed  that,  in  this  note,  after 
acknowledging  the  sympathetic  reception  wdiich  the 
Emperor's  original  suggestion  has  met  with  on  the 
part  of  most  of  the  foreign  Governments  and  nations, 
the  Russian  Government  refers  to  the  cliange  which 
has  since  been  remarked  in  the  aspect  of  the  i)oliti- 
cal  horizon,  and  to  increased  armaments  by  certain 


28         THE    PEACE    CONFERENCE   AT   THE   HAGUE 

'Chapter  I       Powers  Jis  liaviiig  possil)ly  suggested  a  doubt  whether 
Despatcii        the  present  moment  was  an  opportune  one  for  hold- 

froiu  tlie  .  ri,        c  TT-         T»T    • 

British  mg    sucli    a    Lonierence    as    His    Majesty    had    con- 

Ambassador    ,         1   J    1 
i„  St.  templated. 

Petersburg.  u  ^g  j  ^^,.^^  readmg  this  paragraph  of  the  note, 
Count  Mouravieff  remarked  that  Great  Britain  had 
been  one  of  the  Powers  which  had  been  recently 
arming.  I  replied  that  I  had  seen  this  stated  in 
irresponsible  organs  of  the  public  press,  but  that  I 
Avas  not  aware  that  any  unusual  or  alarming  mili- 
tary preparations  or  armaments  had  been  made  in 
England,  and  that  I  thought  that  all  such  reports 
should  be  received  with  a  considerable  amount  of 
distrust. 

"  The  note  goes  on  to  state  the  Emperor's  opinion, 
that,  if  the  Powers  agree,  an  exchange  of  views 
might  at  once  take  place  between  the  Governments 
on  the  subject  of  a  programme  for  the  deliberations 
of  a  Conference,  the  aims  of  which  should  be  two- 
fold :  — 

"1.  To  check  the  progressive  increase  of  military 
and  naval  armaments,  and  study  any  possible  means 
of  effectino;  their  eventual  reduction. 

"  2.  To  devise  means  for  averting  armed  conflicts 
between  States  by  the  employment  of  pacific  methods 
of  international  diplomacy. 

"  With  this  object,  the  note  suggests  several  themes 
as  possibly  suitable  for  discussion,  and  Count  Moura- 
vieff  begged  me  to  observe  that  the  various  points 
Arhich  the  note  enumerates  are  not  to  be  regarded 
as  put  forward  by  the  Russian  Government,  as  prop- 


THE    CALLING    OF   THE   PEACE   COXFEREXCE      29 

ositions  to  which  they  are  definitely  committed,  as  chapter  i 
they  might  possibly  find  themselves  unable  to  sup- 
port some  of  them  in  the  Conference,  but  as  mere 
indications    of    the    class    of    subjects    on    which   an 
exchange  of  views  is  invited. 

"While  requesting  me  to  seek  the  instructions  of  The  place  of 
Her  Majesty's  Government   on  tliis  communication, 
the  note  adds    that,   in    the  Emperor's  opinion,  the 
proposed  Conference  should  not  be  held  in  the  capi- 
tal of  any  of  the  Great  Powers. 

"  On  this  point.  Count  Mouravieff  said,  in  reply 
to  my  inquiry,  that  the  Emperor  had  no  particular 
capital  of  a  smaller  Power  in  view^,  but  that  a  sug- 
gestion might  be  made  later  on,  if  the  Powers  shared 
His  Majesty's  view  of  the  unsuitableness  of  a  capi- 
tal where  large  political  interests  might  be  unavoid- 
ably influenced  by  the  presence  of  the  Conference. 
In  any  case,  he  said,  it  was  not  desired  that  the 
Conference  should  be  held  in  St.  Petersburg." 

The  reply  of  Lord  Salisbury  to  this  despatch  is 
dated  London,  February  14,  1899  (Blue  Book,  p.  4), 
as  follows  :  — 

"  FoREiGX  Office,  February  14,  1899. 

"  Sir  :  —  I  have  duly  laid  before  the  Queen  your  Despatch 
Excellency's  despatch  of  the  12th  ultimo,  forward- saiisbmy  in 
ing  copy  of  a  further  note  from  the  Russian  Minister  JpJ.on<i"  ^^^ 
for  Foreign  Affairs  with    regard    to  the  Conference  circular, 
proposed  by  His  Majesty  the  Emperor  of  Russia  to 
consider  the  means  of   insuring   the   general   2')eace 
and   of   putting  a  limit  to  the  progressive  increase 
of  armaments. 


30 


THE   PEACE    CONFERENCE   AT   THE   HAGUE 


Chapter  I 

Despatch 
from  Lord 
Salisbury  in 
reply  to  the 
second 
circular. 


''  Her  Majesty's  Government  have  learnt  with  sat- 
isfaction that  the  Russian  Government  persevere  in 
tlieir  efforts  towards  this  desira1)le  object.  It  is 
undoubtedly  true,  as  stated  in  Count  Mouravieff's 
note,  that  since  the  first  proposal  made  on  this  sub- 
ject, in  August,  1808,  there  has  been  some  increase 
in  the  armament  of  several  Powers,  but  this  increase, 
in  which,  unless  Her  Majesty's  Government  are 
erroneously  informed,  the  Russian  Government  have 
themselves  in  some  degree  participated,  has,  in  their 
opinion,  been  more  of  a  precautionary  than  of  an 
aggressive  nature,  and  need  not  l^e  considered  as 
indicating  any  diminution  of  the  general  interest 
and  sympathy  with  which  the  Emperor's  first  pro- 
posal was  received. 

"  Her  Majesty's  Government  will,  therefore,  gladly 
accept  the  invitation  which  Count  Mouravieft"  con- 
templates for  a  Conference  to  discuss  the  best 
methods  of  attaining  the  two  objects  specified  in 
his  Excellency's  note,  namely :  the  diminution  of 
armaments  ])y  land  and  sea,  and  the  prevention  of 
armed  conflicts  by  pacific,  diplomatic  procedure. 
With  regard  to  the  eight  points  enumerated  by 
Count  Mouravieff  as  proper  subjects  for  discussion 
by  the  Conference,  Her  Majesty's  Government  would 
prefer  for  the  present  to  abstain  from  expressing 
any  definite  opinion.  They  note  that  Count  Moura- 
vieff himself  stated  to  your  Excellency  that  the 
Russian  Government  must  for  the  present  observe 
a  similar  attitude.  It  is  indeed  clear  that,  in  regard 
to  some  of   these  points,  much    must    depend  upon 


THE    CALLINC    OF   THE   PEACE    CONFERENCE       31 

the  views  cand  intentions  which  may  be  found  to  be  Chapter  i 
entertained  by  the  majority  of  the  Powers,  and  a 
conchision  in  respect  to  them  can  scarcely  be  arrived 
at  without  careful  expert  examination.  As  regards 
the  eighth  point,  it  is  not  necessary  for  Her  Maj- 
esty's Government  to  make  any  fresh  declaration 
of  their  earnest  desire  to  promote,  by  all  possible 
means,  the  principle  of  recourse  to  mediation  and 
arbitration  for  the  prevention  of  war. 

"  Her  Majesty's  Government  accept  willingly  the 
proviso  made  by  Count  Mouravieff,  that  questions 
concerning  the  political  relations  between  States,  the 
order  of  things  established  by  Treaties,  and  gener- 
ally all  questions  not  directly  included  in  the  pro- 
gramme of  the  Conference,  should  be  excluded  from 
its  deliberations. 

"  They  also  agree  with  Count  Mouravieff  that  it 
may  be  desirable  that  the  meeting  should  be  held 
at  some  other  place  than  the  capital  of  one  of  the 
Great  Powers,  although  it  would  have  been  a  satis- 
faction to  them  that  the  Conference,  which  owes 
its  initiative  to  the  Emperor,  should  have  assembled 
at  St.  Petersburg,  had  His  Imperial  Majesty  thought 
fit  to  propose  it. 

"  You  will  read  this  despatch  to  Count  Mouravieff 
and  leave  his  Excellency  a  copy  of  it. 
"  I  am,  etc., 

(Signed)         '•'  Salisbury." 

The  Hague 

On   February    0   (January    28,    old    style),  Count  sei^^|'^<«"}ii«tbe 
Mouravieff'  informed  the  invited  Governments  that  meeting. 


32        THE    PEACE    CONFERENCE    AT    THE    HAGUE 

Chapter  I  the  Imperial  Government  bad  communicated  with 
the  Government  of  Her  Majesty,  the  Queen  of  the 
Netherlands,  regarding  the  choice  of  The  Hague  as 
the  eventual  seat  of  the  proposed  Conference,  and 
that  the  Netherlands  Government  having  expressed 
its  assent,  the  representatives  were  requested  to 
inform  their  Governments  of  this  selection,  which 
would,  no  doubt,  be  received  with  general  sympathy. 
(Blue  Book,  p.  6.)  On  the  15th  of  the  same  month, 
Sir  Henry  Howard,  the  British  Minister  to  The 
Hag-ue,  informed  the  British  Government  that  M. 
de  Beaufort,  the  Foreign  Minister  of  the  Nether- 
lands, had  informed  him  that  the  Conference  would 
meet  at  The  Hague,  and  that  the  Netherlands  Minis- 
ter at  St.  Petersburg  would  discuss  the  necessary 
preliminary  details  with  Count  Mouravieff.  M.  de 
Beaufort  added  that  he  expected  that,  in  accord- 
ance with  precedent,  the  Russian  Foreign  Office 
would,  in  the  first  instance,  designate  the  Powers 
to  be  invited  to  send  representatives  to  the  Confer- 
ence, and  that  then  the  Netherlands  Government 
would  issue  the  invitations ;  and  he  added  that 
both  the  Queen  and  the  Government  of  the  Nether- 
lands were  greatly  pleased  at  the  selection  of  The 
Hag-ue  for  the  Conference. 

Text  of  the         rj.|^^  formal  invitation  of  the  Netherlands  Govern- 

formal  invita- 
tion of  the      ment  w^as  extended  by  the  Minister  of  the  Nether- 
Government,  lands  to  each  of  the  invited  Powers,  and  was  dated 

April  7,  1899.     It  read  as  folio w^s  :  — 

"  The  Imperial  Russian  Government  addressed  on 

the  12th  (24th)  August,    1898,   to   the   Diplomatic 


THE   CALLING    OF   THE  PEACE   CONFERENCE      33 

Representatives  accredited  to  the  Court  of  St.  Peters- chaptori 
burg  a  Circular  expressing  a  desire  for  the  meeting 
of  an  International  Conference  which  should  be  com- 
missioned to  investio;ate  the  best  means  of  securing; 
to  the  world  a  duraljle  peace,  and  of  limiting  the 
progressive  development  of  military  armaments. 

"  This  proposal,  which  w'as  due  to  the  noble  and 
generous  initiative  of  the  august  Emperor  of  Russia, 
and  met  everywhere  with  a  most  cordial  reception, 
obtained  the  general  assent  of  the  Powers,  and  His 
Excellency  the  Russian  Minister  for  Foreign  Affairs 
addressed  on  the  30th  of  December,  1898  (11th  Janu- 
ary, 1899),  to  the  same  Diplomatic  Representatives 
a  second  Circular,  giving  a  more  concrete  form  to 
the  general  ideas  announced  by  the  magnanimous 
Emperor,  and  indicating  certain  questions  which 
might  be  specially  submitted  for  discussion  by  the 
proposed  Conference. 

"  For  political  reasons  the  Imperial  Russian  Gov- 
ernment considered  that  it  w^ould  not  be  desirable 
that  the  meeting  of  the  Conference  should  take 
place  in  the  capital  of  one  of  the  Great  Powers, 
and  after  securing  the  assent  of  the  Governments 
interested,  it  addressed  the  Cabinet  of  The  Hague 
with  a  view  of  obtaining  its  consent  to  the  choice 
of  that  capital  as  the  seat  of  the  Conference  in  ques- 
tion. The  Minister  for  Foreign  Affairs  at  once  took 
the  orders  of  Her  Majesty  the  Queen  in  regard  to 
this  request,  and  I  am  happy  to  be  able  to  inform 
you  that  Her  Majesty,  my  August  Sovereign,  has 
been  pleased  to  authorize  him  to  reply  that  it  will 


31         THE   PEACE    CONEERENCE   AT   THE   HAGUE 

Chapter  I  be  particularly  agreeable  to  lier  to  see  tlie  proposed 
Conference  at  The  Hague. 

"  Consequently,  my  Government,  in  accord  with 
the  Imperial  Russian  Government,  charges  me  to 
invite    the    Government    of  to   be  good 

enough  to  be  represented  at  the  above-mentioned 
Conference,  in  order  to  discuss  the  questions  indi- 
cated in  the  second  Russian  Circular  of  the  30th 
December,  1898  (11th  January,  1899),  as  well  as  all 
other  questions  connected  with  the  ideas  set  forth  in 
the  Circular  of  the  12th  (24th)  August,  1898,  exclud- 
ing, however,  from  the  deliberations  every thmg  which 
refers  to  the  political  relations  of  States,  or  the  order 
of  things  established  by  Treaties. 

"  My  Government  trusts  that  the  Gov- 

ernment will  associate  itself  with  the  great  humani- 
tarian work  to  be  entered  upon  under  the  auspices 
of  His  Majesty,  the  Emperor  of  all  the  Russias,  and 
that  it  will  be  disposed  to  accept  this  invitation,  and 
to  take  the  necessary  steps  for  the  presence  of  its 
Representatives  at  The  Hague  on  the  18th  May,  next, 
for  the  opening  of  the  Conference,  at  which  each 
Power,  whatever  may  be  the  number  of  its  Delegates, 
will  have  only  one  vote." 

What  states  Tlicsc  invitatious  were  issued  to  all  Governments 
having  regular  diplomatic  representation  at  St.  Peters- 
burg, as  well  as  to  Luxemburg,  Montenegro,  and  Siam. 
No  official  explanation  of  the  principle  upon  which 
invitations  were  issued  or  withheld  was  given, 
and  any  discussion  of  the  causes  which  led  to  the 


THE   CALLING    OF   THE   PEACE   CONFERENCE      35 

exclusion  of  the  South  African  republics,  as  well  as  Chapter  i 
the  Holy  See  would  have  to  be  based  upon  surmises. 
The  government  of  the  United  States  regretted  the 
absence  of  delegates  from  the  sister  republics  of  Cen- 
tral   and    South    America    very  sincerely,  and   with 
good  reason,  for  the  Conference  was  in  consequence 
deprived  of  the  valuable  assistance  among  others  of  The  aiisom-o 
M.  Calvo,  of  the  Argentine  Republic,  certainly  one  south""  '^" 
of   the    most    eminent    authorities  on    International:^""^''";!'" 

Kepuhhcs. 

Law,  —  a  science  to  which  he  and  other  South 
American  scholars  have  made  such  notable  contril)u- 
tions.  The  American  commissioners  at  The  Hao-ue 
did  not  fail  to  remendjer  that,  with  the  excep- 
tion of  the  Mexican  delegates,  they  were  the  sole 
representatives  of  the  Western  Hemisphere,  and  in 
the  entire  course  of  the  Conference,  and  esjDccially 
in  the  discussions  in  the  Comite  cV Exmnen,  careful 
efforts  were  made  to  safeguard  the  peculiar  interests 
of  Central  and  South  America. 

With  reference  to  the  other  Powers  who  were  not 
invited,  it  seems  unquestionable  that  the  course  of 
the  Russian  Government  was  not  only  wise  and  just, 
but  that  it  was,  in  fact,  the  only  possible  method  of 
avoiding  questions  which  would  most  certainly  have 
led  to  an  absolute  and  unqualified  failure  of  the 
Conference  itself.  The  merit  of  having  successfully 
averted  this  danger,  with  notable  tact  and  in  ])erfect 
good  will,  is  certainly  one  of  the  greatest  achieve- 
ments of  modern  Russian  diplomacy. 


CHAPTER    11 

THE  OPENIXG  OF  THE  CONFERENCE 

On  Thursday,  the  18th  of  May,  1899,  the  beau- 
tiful Netherhxnds  Capital  of  The  Hague  joresented 
a  stirring  and  picturesque  spectacle.  From  all  of  the 
public  buildings,  the  principal  hotels,  the  various 
embassies  and  legations,  and  from  many  private 
houses,  especially  in  the  neighborhood  of  the  public 
squares  of  the  Lange  Voorhout,  A^yverberg,  and  Plein, 
the  flags  of  nearly  all  civilized  countries  were  thrown 
to  the  wind.  The  delegates  of  twenty-five  Powers 
had  arrived  in  order  to  attend  the  opening  of  what 
has  since  been  officially  known  as  the  International 
Peace  Conference.  It  was  a  perfect  spring  day,  and 
it  had  been  chosen  for  this  interesting  ceremony 
because  it  was  the  birthday  of  the  Emperor  of  Russia. 
The  birthday  At  tcu  o'clock  in  the  momiug  the  Russian  delegation, 
Emperor  of  togctlicr  witli  tlic  members  of  the  Russian  Legation 
Russia.  ^Q  ^YiQ  Netherlands,  proceeded  in  full  uniform  to  the 

small  Orthodox  chapel  near  Scheveningen,  where  a 
solemn  Te  Deum  was  chanted  in  honor  of  the  Czar. 
The  representatives  of  the  United  States  of  America 
had  requested  permission  to  participate  in  the  service, 
but  the  request  was  withdrawn  when  they  were 
informed  that  the  chapel  was  scarcely  large  enough 


THE   OPENING   OF   THE    CONFERENCE  37 

to  hold  all  of  the  Russians  who  were  present  in  an  Chapter  ii 
official  capacity. 

The  opening  ceremony  of  the  Conference  itself  was Tiie '•House 
set  for  two  o'clock  in  the  afternoon  in  the  Oranje]^"^^"],^^"'^'^ " 
Zaal  of   the  famous    House  in  the  Wood  {Iluis  ^^^^nieetingroom. 
Bosch),  or  Summer  Palace  of  the  Dutch  royal  family, 
situated  aljout  one  mile  from  the  city  in  tlie  Ijeautif ul 
park  known  as  the  Bosch.       This  palace,  and  more 
especially  the  meeting  room  of  the  Conference,  has 
been    made    the  subject    of   numerous    descriptions.^ 
Uniting  the  qualities  of  beauty  and  simplicity  to  a 
striking  degree  in  its  exterior,  the  palace  in  its  inte- 
rior presents  a  series  of  magnificently  decorated  rooms, 
the  finest  of  which  is  the  Oranje  Zaal,  or  ballroom, 
which  was  finished  in  1647,  in  honor  of  Prince  Fred- 
erick Henry  of  Orange  by  Jordaens  and  other  pupils 
of  Rubens,  by  the  order  of  his  widow. 

For  the  purposes  of  the  Conference  the  room  had  Arrangement 
been  arranged  in  the  form  of  a  parliamentary  hall'^  eroom. 
—  four  rows  of  concentric  semi-circular  tables,  covered 
with  green  baize,  affording  just  one  hundred  seats, 
from  all  of  which  the  chair  could  be  readily  seen  and 
addressed.  The  presiding  officer's  chair  itself  had 
been  placed  in  the  bay  window,  flanked  on  either 
side  by  seats  for  the  Russian  delegation,  or,  as  the 
case  might  be,  for  the  members  of  a  committee  mak- 
ing a  report ;  and  directly  in  front  and  between  the 
chair  and  the  body  of  the  hall  there  was  ample  room  for 

^The  best  general  description  of  the  House  in  the  Wood  is  perhaps 
to  be  found  in  an  article  by  Mrs.  W.  E.  II.  Lecky,  in  the  Nineteenth 
Century  for  May,  1890. 


38    THE   PEACE   CONFERENCE   AT   THE  HAGUE 

Chapter  II  the  Secretaries  and  attaches.  The  seats  were  allotted 
to  the  respective  States  in  alphabetical  order,  in 
the  French  language,  and  the  United  States  of  Amer- 
ica having  been  classified  as  "  Ameriqiie,"  nnder  "  A  " 
shared  with  Germany  (Allemagne)  the  seats  of  honor 
along  the  centre  of  the  room  and  directly  in  front 
of  the  chair.^ 

Exclusion  of  Thcrc  was  no  room  either  for  spectators  or  for 
journalists,  except  only  a  narrow  gallery  in  the 
cupola,  to  which  a  very  few  invited  guests  were 
admitted  on  the  opening  and  closing  days  of  the 
Conference,  At  all  other  times,  outsiders  of  every 
kind  were  strictly  excluded,  and  visitors  were  not 
permitted  even  to  inspect  the  palace  during  the 
sessions  of  the  Conference  or  of  any  of  its  com- 
mittees. No  guaranty  was  thus  lacking  for  complete 
privacy  and  freedom  of  deliberations. 

The  members       The  followiug  is  a  complctc  list  of  the  members 

Conference,  of  the  Conference  with  the  committee  assignments 
of  each,  arranged  alphabetically  according  to  the 
names  of  countries  in  the  French  language. 

Germany  {Allemagne) 

Count  George  Herbert  Mlinster  Ladenburg,  since 
created  Prince  Mlinster  Derneburg  ;  Ambassador  for 
Hanover  at  St.  Petersburg,  1856-1864 ;  Member 
of  the  Prussian  House  of  Lords,  1867,  and  of  the 
North  German  and  German  Reichstag,  1867-1873 ; 

^  This  arrangement  gave  rise  to  an  amusing  incident  on  the 
opening  day.  The  veteran  Count  Mlinster  (novi'  Prince  Miinster  Derne- 
burg)  jokingly  charged  the  American  delegation  with  having  origi- 


THE    OPENING   OF   THE  CONFERENCE  39 

Ambassador  of  (xermany  to  the  Court  of  St.  James,  chapter  ii 
1873-1885 ;    Ambassador    of    Germany    to    France 
since  1885.     Count  Miinster  was  the  senior  member 
of  the  Conference,  and  Honorary   President  of  the 
First  Committee. 

Baron  Carl  von  Stengel ;  Imperial  Landgerichts- 
rath  in  Mulhausen,  1871-1879  ;  at  Strassburg, 
1879-1881 ;  Professor  at  University  of  Breslau, 
1881-1890  ;  at  University  of  Wurzburg,  1890-1895  ; 
at  University  of  Munich  since  1895.  Vice-President 
of  the  Second  Committee,  and  a  member  of  the  First 
Committee  and  of  the  Committee  on  the  Final  Act. 

Professor  Philip  Zorn,  Privy  Councillor ;  Professor 
of  Law  at  Munich,  1875,  and  at  Berne,  1875- 
1878 ;  Professor  at  University  of  Konigsberg  since 
1878.  Vice-President  of  the  Third  Committee,  and 
member  of  the  Second  Committee,  as  well  as  of  the 
Comite  cVExamen. 

Colonel,  now  Major-General,  Gross  von  Schwarz- 
hoff,  commander  of  the  Fifth  Regiment  of  Infantry, 
No.  93 ;  Military  Expert,  Member  of  the  First  and 
Second  Committees. 

Captain  Siegel,  Naval  Attache  at  the  Embassy 
of  the  German  Empire  at  Paris ;  Naval  Expert. 
Vice-President  of  the  First  Committee,  and  a  mem- 
ber of  the  Second  and  Third  Committees. 

iiated  the  alphabetical  arrangement  as  part  of  the  new  "  imperialistic  " 
policy  of  the  United  States.  On  being  assured  that  the  American 
representatives  were  as  innocent  of  such  complicity  as  a  new  born 
babe,  the  Count  smilingly  shook  his  head,  and  remarked,  "American 
innocence  is  generally  your  excuse,  and  has  always  been  a  drawing 
card  in  diplomacy." 


40        rilE  PEACE   CONFERENCE  AT   THE   HAGUE 
Chapter  II       UNITED  STATES  OF  AMERICA  (^Etats   Utiis  cV AmSrique) 

The  members  at  -nv*    i  ttti   •         t  x   -nv      t    tt  t^         n 

„f  tiie  Andrew  Dickson  vVnite,  LL.D.,  L.H.D. ;   ^Secretary 

Conference.  ^^  Legation  at  St.  Petersburg,  1855-1856;  State 
Senator  of  New  York,  1863-1807 ;  President  of 
Cornell  University,  1867-1885 ;  Special  Commis- 
sioner of  the  United  States  to  the  Republic  of  Santo 
Domingo,  1871 ;  Envoy  Extraordinary  and  Minister 
Plenipotentiary  to  Germany,  1879-1881 ;  to  Russia 
1892-1894 ;  Ambassador  to  Germany  since  1897. 
President  of  the  American  Commission,  Honorary 
President  of  the  First  Committee,  and  member  of 
the  Second  and  Third  Committees. 

Seth  Low,  LL.D.  ;  Mayor  of  Brooklyn,  1881- 
1885 ;  President  of  Columbia  University,  New  York, 
since  1890.  Member  of  the  Third  Committee,  and 
of  the  Committee  on  the  Final  Act. 

Stanford  Newel ;  Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  the  United  States  to  the  Nether- 
lands, since  1897.  Member  of  the  Second  Com- 
mittee. 

Captain  Alfred  T.  Malian,  LL.D.,  D.C.L.,  United 
States  Navy,  appointed  to  the  Navy,  1856  ;  Lieuten- 
ant, 1861  ;  Lieutenant-Commander,  1865  ;  President 
of  the  Naval  War  College  at  Newport,  R.  I.,  1886- 
1893 ;  Member  of  the  Naval  Advisory  Strategy 
Board,  1898.  Member  of  the  First  and  Second 
Committees. 

Captain  William  Crozier,  United  States  Army ; 
Captain  in  the  Ordnance  Department  since  1890; 
inventor  of  a  disappearing  gun  carriage,  wire  wrapped 


THE   OPENING    OF   THE   CONFERENCE  41 

rifle,   and    an    improved    ten-incli    gun;    Major   and  Chapter  n 
Inspector  General  of  United  States  Volunteers,  1898. 
Member  of  the  Second  and  Third  Committees. 

Frederick  William  Holls,  D.C.L.,  Counselor  at 
Law  ;  Member  of  the  Constitutional  Convention  of 
the  State  of  New  York,  1894.  Secretary  and  Counsel 
of  the  American  Commission,  and  a  member  of 
the  Third  Committee,  as  well  as  of  the  Coinite 
(TExamen. 

Austria-Hungary  (^Autriche-Hongrie) 

Count  Rudolph  von  Welsersheimb  ;  Envoy  Extraor- 
dinary and  Minister  Plenipotentiary  at  Belgium  in 
1888 ;  Privy  Councillor  and  Permanent  Under-Sec- 
retary of  State  for  Foreign  Affairs,  since  1895 ; 
Ambassador  Extraordinary  to  The  Hague  for  the 
purposes  of  this  Conference.  Honorary  President  of 
the  Second  Committee  and  a  member  of  the  Third 
Committee. 

Alexander  Okoliscanyi  von  Okoliscna;  Privy  Coun- 
cillor and  Chamberlain  of  His  Majesty  the  Austrian 
Emperor ;  Envoy  Extraordinary  and  Minister  Pleni- 
potentiary to  Stuttgart,  1889,  and  to  the  Netherlands 
in  1894.     Member  of  the  Third  Committee. 

Gaetan  Merey  de  Kapos-Mere  ;  Councillor  of  State 
and  Chief  of  Cabinet  in  the  Ministry  of  Foreign 
Affairs.  Vice-President  of  the  Third  Committee  of 
the  Conference  and  a  member  of  the  Second  Com- 
mittee, and  of  the  Committee  on  the  Final  Act. 

Professor  Heinrich  Lammasch,  Professor  of  Law 
at  the  University  of  Vienna.     Member  of  the  Second 


4-2        THE   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  II      aiid   Tliii'd   Committees,   as   well   as  of    the    Coynite 

The  members  cV Examen. 

Conference.  Victoi"  Yon  Kliuepacli  zu  Ried,  Zimmerlehen  und 
Haslburg ;  Lieutenant-Colonel  on  the  General  Staff ; 
Military  Expert.  Member  of  the  First  and  Second 
Committees. 

Count  Stanislas  Soltyk,  Captain ;  Naval  Expert. 
Member  of  the  First  and  Second  Committees. 

Belgium  {Belgique} 

Auguste  Beernaert,  Minister  of  State,  President  of 
the  Chamber  of  Deputies  of  the  Kingdom  of  Belgium. 
President  of  the  First  Committee,  and  a  member  of 
the  First  and  Second  Committees. 

Count  de  Grelle  Rogier;  Envoy  Extraordinary  and 
Minister  Plenipotentiary  of  Belgium  to  the  Nether- 
lands.    Member  of  the  First  and  Third  Committees. 

Chevalier  Descamps,  Senator  of  the  Kingdom  of 
Belsrium.  Member  of  the  Second  and  Third  Com- 
inittees,  and  of  the  Committee  on  the  Final  Act,  and 
a  member  and  reporter  for  the  Comite  d' Examen. 

China  ( Chine) 

Yang  Yu,  Envoy  Extraordinary  and  Minister  Pleni- 
potentiary to  the  Courts  of  St.  James  and  Vienna, 
former  Minister  to  Washington,  Lima,  and  Madrid ; 
Mandarin  of  the  second  class,  wearing  the  peacock 
feather. 

Lou-Tseng-Tsiang,  Secretary  of  Legation  at  St. 
Petersburg  since  1892. 

Hoo-Wei-Teh,  Secretary  of  Legation  at  St.  Peters- 


THE   OPENING   OF   THE    CONFERENCE  43 

burg,  formerly  at  London,  Washington,  and  Madrid  ;  chapter  ii 
Charge    d' Affaires    at    St.    Petersburg    and   Vienna ; 
Mandarin  of  the  third  class. 

The  three  Chinese  delegates  were  members  of  the 
Second  and  Third  Committees. 

Ho-Yen-Cheng,  Councillor  of  Legation,  assistant 
delegate. 

Denmark  (Banemark} 

Frederick  E.  De  Bille,  Minister  at  Washington, 
1867-1872;  at  Stockholm,  1872-1890;  Envoy  Ex- 
traordinary and  Minister  Plenipotentiary  to  London 
since  1800.    Vice-President  of  the  Third  Committee. 

Colonel  J.  G.  F.  von  Schnack,  former  Minister  of 
War.     Member  of  the  First  and  Second  Committees. 

Spain  {Esjmgne) 

The  Duke  of  Tetuan,  formerly  Minister  of  For- 
eign Affairs.  Honorary  President  of  the  Second  Com- 
mittee. 

W.  Ramirez  de  Villa-Urrutia,  Envoy  Extraordinary 
and  Minister  Plenipotentiary  to  Brussels;  Plenipo- 
tentiary for  the  negotiation  of  peace  with  the  United 
States  in  Paris,  1898.  Member  of  the  Second  and 
Third  Committees. 

Arturo  de  Baguer,  Envoy  Extraordinary  and  j\Iin- 
ister  Plenipotentiary  to  The  Hague.  Member  of  the 
Second  Committee. 

Colonel  Count  de  Serrallo,  Military  Attache  of  the 
Spanish  Legation  at  Brussels ;  Military  Expert.  Mem- 
ber of  the  First  Committee. 


44        THE   PEACE    CONFERENCE   AT   THE  HAGUE 

Chapter  II  FRANCE  (France) 

The  members       Lgoii  Boiiro^Gois,  fonnerlv  Minister  of   Public  In- 

of  the  _  ... 

Couference,  structioii  aiid  Priiiis  Minister  of  France.  President  of 
the  Third  Committee  and  of  the  Coniite  cT Examen. 

Georges  Bihourd,  Envoy  Extraordinary  and  Minis- 
ter Plenipotentiary  to  The  Hague.  Member  of  the 
First  Committee. 

Baron  d'Estournelles  de  Constant,  formerly  Charge 
d' Affaires  at  London  ;  member  of  the  Chamber  of 
Deputies.  Vice-President  of  the  Third  Committee, 
and  Secretary  of  the  Comite  cV Examen. 

Rear-Admiral  Pephan,  French  Navy;  Naval  Expert. 
Member  of  the  First  and  Second  Committees. 

Brigadier-General  Mounier,  French  Army ;  Mili- 
tary Expert.  Member  of  the  First  and  Second  Com- 
mittees. 

Louis  Renault,  Professor  of  Law  at  Paris.  Member 
of  the  Second  and  Third  Committees,  and  a  mem- 
ber and  reporter  of  the  Committee  on  the  Final 
Act. 

Great  Britain  and  Ireland  (Grande  Bretagne  et 
Irlande) 

Sir  Julian  Pauncefote,  since  raised  to  the  Peerage 
as  Baron  Pauncefote  of  Preston,  Ambassador  to  the 
United  States.  Honorary  President  of  the  Third  Com- 
mittee of  the  Conference  and  of  the  Comite  d' Examen. 

Sir  Henry  Howard,  Envoy  Extraordinary  and  Min- 
ister Plenipotentiary  to  The  Hague.  Member  of  the 
Third  Committee. 


THE   OPENING   OF   THE   CONFERENCE  45 

Vice- Admiral  Sir  John  A.  Fisher,  R.N.;  Naval  Ex- Chapter  ii 
pert.     Vice-President   of   the    First   Committee    and 
member  of  the  Second  Committee. 

Major-General  Sir  John  Ardagh,  R.A.,  Director  of 
Military  Intelligence  at  the  War  Office ;  Military 
Expert.  Vice-President  of  the  First  Committee 
of  the  Conference  and  member  of  the  Second  Com- 
mittee. 

Lieutenant-Colonel  Charles  a  Court,  R.A.,  Military 
Attache  at  Brussels  and  at  The  Hague.  Member  of 
the  Second  Committee. 

Greece  (^Grece) 

Nicholas  P.  Delyannis,  formerly  Prime  Minister 
and  Minister  of  Foreign  Affairs ;  Envoy  Extraordi- 
nary and  Minister  Plenipotentiary  to  Paris.  Member 
of  the  Third  Committee. 

Italy  {Italie) 

Count  Constantino  Nigra,  formerly  Ambassador  to 
France  and  London  ;  Ambassador  to  Vienna.  Hono- 
rary President  of  the  Third  Committee  and  of  the 
Com'de  cV Examen,  and  member  of  the  Committee  on 
the  Final  Act. 

Count  A.  Zannini ;  Envoy  Extraordinary  and  Min- 
ister Plenipotentiary  to  The  Hague.  Member  of  the 
Third  Committee. 

Commander  Guido  Pompilj ;  Meml3er  of  the  Italian 
Parliament.  Vice-President  of  the  Third  Committee  ; 
member  of  the  Second  Committee. 

Major-General  Chevalier  Louis   Zuccari ;  Military 


40        THE  PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  II      Expert.    Vice-President  of  the  Second  Committee  and 
The  members  member  of  the  First  Committee. 

i)f  the  r{  •  • 

Conference.  Captain  Chevalier  Auguste  Bianco  ;  Naval  Expert. 
Naval  Attache  at  London.  Member  of  the  First 
and  Second  Committees. 


Japan  (Japon) 

Baron  Hayashi,  formerly  Envoy  Extraordinary 
and  Minister  Plenipotentiary  to  St.  Petersburg  and 
at  present  to  the  Court  of  St.  James. 

M.  J.  Motono,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  to  Brussels.  Member  of  Second  and 
Third  Committees. 

Colonel  Uyehara,  Military  Expert.  Member  of  the 
First  Committee. 

Captain  Sakamoto,  Naval  Expert.  Member  of  the 
First  Committee. 

Nagas  Arriga,  Professor  of  International  Law  at 
the  Army  and  Navy  College  at  Tokio ;  Technical 
Delegate. 

Luxemburg  (^Luxemhourg^ 

M.  Eyschen,  Minister  of  State  and  President  of  the 
Grand  Ducal  Government.  Member  of  the  Second 
and  Third  Committees. 

Count  d' Villers,  Charge  d' Affaires  at  Berlin.  Mem- 
ber of  the  Second  and  Third  Committees. 

Mexico  (^Mexique) 

M.  de  Mier,  Envoy  Extraordinary  and  Minister 
Plenipotentiary   at  Paris. 


THE   OPENING   OF   THE   CONFERENCE  47 

M.     Zenil,    Minister    resident    at    Brussels,    and  Chapter  ii 
member  of  the  Second  and  Third  Committees. 

Montenegro 

(See  Russia) 

Netherlands  {Pays  Bas) 

Jonkheer  A.  P.  C.  van  Karnebeek,  formerly 
Minister  of  Foreign  Affairs ;  member  of  the  Second 
Chamber  of  the  States  General,  Vice-President  of  the 
Peace  Conference,  and  Honorary  President  of  the 
First  Committee,  and  member  of  the  Third  Com- 
mittee. 

General  J.  C.  C.  Den  Beer  Poortugael,  formerly 
Minister  of  War ;  member  of  the  Council  of  State. 
Member  of  the  First  Committee. 

T.  M.  C.  Asser,  member  of  the  Council  of  State  ; 
President  of  the  Institute  of  International  Law  and 
Honorary  President  of  the  Second  Committee  of  the 
Conference  ;  member  of  the  Third  Committee  and  of 
the  Comite  cV Examen,  as  well  as  of  the  Committee 
on  the  Final  Act. 

E.  N.  Rahusen,  member  of  the  First  Chamber  of 
the  States  General,  and  member  of  Second  Committee. 

Commander  A.  P.  Tadema,  Chief  of  the  General 
Stalf  of  the  Netherlands  Marine ;  Naval  Expert  and 
member  of  the  First  Committee. 

Persia  {Perse') 

General  Mirza  Riza  Khan  (Arfa  ud  Dovleh),  Envoy 
Extraordinary  and   Minister   Plenipotentiary  at  St. 


48        THE  PEACE    CONFERENCE  AT   THE   HAGUE 

Chapter  II      Petersburg.    Member  of  the  First,  Second,  and  Third 
■fbe  members  Committees. 

Conference.        Mirza  Samad  Khan  Montazis-Saltaneh,  Councillor 
of  the  Legation  at  St.  Petersburg. 


Portugal  {PortugaJ^ 

Count  de  Macedo,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  to  Madrid.  Vice-President 
of  the  Third  Committee. 

Agostinho  d'  Ornellas  Vasconcellos,  Envoy  Ex- 
traordinary and  Minister  Plenipotentiary  at  St. 
Petersburg.     Member  of  the  Third  Committee. 

Count  de  Selir,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  to  The  Hague.  Member  of  the  Sec- 
ond Committee. 

Captain  Ayres  d'  Ornellas  ;  Military  Expert.  Mem- 
ber of  the  First  Committee. 

Captain  Auguste  de  Castilho,  of  the  Portuguese 
Navy ;  Naval  Expert. 

RouMANiA  QRoumanie) 

Alexander  Beldiman,  Envoy  Extraordinary  and 
Minister  Plenipotentiary  at  Berlin.  Member  of  the 
First  and  Third  Committees. 

Jean  N.  Papiniu,  Envoy  Extraordinary  and  Minis- 
ter Plenipotentiary  to  The  Hague.  Member  of  the 
Second  and  Third  Committees. 

Colonel  Constantine  Coanda,  Director  of  Artillery 
in  the  Ministry  of  War;  Military  Expert.  Member 
of  the  First  Committee. 


THE   OPENING   OF   THE   CONFERENCE  49 

Russia  (Russie)  chapter  ii 

Baron  de  Staal,  Privy  Councillor,  Ambassador  of 
Russia  at  the  Court  of  St.  James ;  President  of  the 
Peace  Conference.  Member  of  the  Third  Committee 
and  of  the  Coinite  cV Examcn. 

Fedor  de  Martens,  Privy  Councillor ;  Permanent 
Member  of  the  Council  of  the  Imperial  Ministry  of 
Foreign  Affairs.  President  of  the  Second  Committee, 
member  of  the  Third  Committee  and  of  the  Comife 
cVExmnenj  as  well  as  of  the  Committee  on  the  Final 
Act. 

Chamberlain  de  Easily,  Councillor  of  State ;  Director 
of  First  Department  of  Imperial  Ministry  of  Foreign 
Affairs.  Member  of  the  First  Committee  and  of  the 
Coniiie  cTExcnnen. 

Arthur  Raffalovich,  Councillor  of  State ;  Agent  of 
the  Imperial  Ministry  of  Finance  at  Paris.  Technical 
Delegate,  Assistant  Secretary-General,  and  member 
of  the  Committee  on  the  Final  Act. 

Colonel  Gilinsky  of  the  General  Staff ;  Military  Ex- 
pert.    Member  of  the  First  and  Second  Committees. 

Count  Barantzew,  Colonel  of  Mounted  Artillery  in 
the  Guard  ;  Military  Expert.  Member  of  the  First 
and  Second  Committees. 

Captain  Scheine,  Naval  Agent  of  Russia  at  Paris ; 
Naval  Expert.  Member  of  the  First  and  Second  Com- 
mittees. 

Lieutenant  Ovtchinnikow,  Professor  of  Jurispru- 
dence ;  Technical  Delegate.  Member  of  the  First 
and  Second  Committees. 


50        THE   PEACE   CONFERENCE   AT  THE   HAGUE 
Servia  (Serhie) 

Chapter  11  ^  ^ 

The  members       Checlomil    Mijatovitcli,  Envoj  Extraordinary  and 
confe^rence.     Minister  Plenipotentiary  to  the  Court  of  St.  James. 
Member  of  the  Second  and  Third  Committees. 

Colonel  Maschine,  Envoy  Extraordinary  and  Min- 
ister Plenipotentiary  to  Cettigne.  Member  of  the 
First  Committee. 

Voislave  Veljkovitch,  Professor  of  Law  at  Bel- 
grade.    Member  of  Second  and  Third  Committees. 

SiAM  (Siam^ 

Phya  Suriya,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  to  France.  Member  of  the  Third 
Committee. 

Phya  Visiiddha,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  to  the  Court  of  St.  James. 

Chevalier  Corragioni  d'  Orelli,  Councillor  of  Le- 
gation. Member  of  the  Second  and  Third  Com- 
mittees. 

Edouard  Rolin,  Consul-General  of  Siam  in  Bel- 
gium. Member  of  the  First  and  Third  Commit- 
tees ;  reporter  of  the  sub-committee  of  the  Second 
Committee. 

Sweden  and  Norway  (Suede  et  Norvege') 

Baron  de  Bildt,  formerly  Minister  to  Washing- 
ton and  Vienna,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  to  Italy.  Member  of  the  Third 
Committee. 

Col.  P.  H.  E.  Brandstrom,  Commander  First  Regi- 


THE   OPENING   OF   THE   CONFERENCE  51 

ment  of    Grandees  of   the   Court;    Military  Expert. Chapter ii 
Member  of  the  First  and  Second  Committees, 

Captain  C»  A.  M.  de  Hjiilhammer,  Naval  Expert. 

W.  Konow,  President  of  the  Odelsthing  of  Norway, 
and  member  of  the  Third  Committee. 

Major-General    J.  J.  Thanlow  of    the    Norwegian 

Army,  Military  Expert.     Vice-President  of  the  Second 

Committee. 

Switzerland  (^Suisse') 

Arnold  Roth,  Envoy  Extraordinary  and  Minister 
Plenipotentiary  at  Berlin.  Vice-President  of  the  Sec- 
ond Committee  and  member  of  the  Third  Committee. 

Colonel  Arnold  Kuenzli,  National  Councillor,  Mem- 
ber of  the  First  and  Third  Committees. 

Edouard  Odier,  National  Councillor ;  Counselor  at 
Law.  Member  of  the  Second  and  Third  Committees 
and  of  the  Comite  cV Examen. 

Turkey  {Turqide^ 

Turkhan  Pacha,  formerly  Minister  of  Foreign 
Affairs  and  member  of  Council  of  State.  Honorary 
President  of  the  Second  Committee  and  member  of 
the  Third  Committee. 

Noury  Bey,  Secretary-General  in  the  Ministry  of 
Foreio;n  Affairs.  Member  of  the  Second  and  Third 
CommitteeSo 

General  Abdullah  Pacha,  Military  Expert.  Vice- 
President  of  the  First  Committee ;  member  of  the 
Second  Committee. 

Rear-Admiral  Meheraed  Pacha,  Naval  Expert. 
Member  of  the   First  and  Second  Committee. 


52        THE  PEACE   CONFERENCE   AT   THE   HAGUE 


Chapter  II  BULGARIA   (Bulgarie^ 

Dimitri  I.  Stancioff,  Diplomatic  Agent  at  St. 
Petersburg.  Member  of  the  Second  and  Third 
Committees. 

Major  Christo  Hessaptchieff,  Military  Attache  at 


Belgrade. 


Member  of  the  First  Committee. 


Address  of 
M.  de 
Beaufort, 
Minister  of 
Foreign 
Affairs. 


So  far  as  the  author  could  ascertain,  not  one  of 
these  one  hundred  members  was  missing  at  the 
opening  scene.  Promptly  at  two  o'clock  the  doors 
of  the  meeting  room  were  closed,  and  an  impressive 
silence  came  over  the  assemblage,  in  which  every 
member  doubtless  realized  that  a  great  and  solemn 
historical  moment  had  arrived. 

His  Excellency  W.  H.  de  Beaufort,  Minister  of 
Foreign  Affairs  of  the  Netherlands,  rose  and  called 
the  meeting  to  order  with  the  following  remarks :  — 

"  In  the  name  of  Her  Majesty,  my  August  Sov- 
ereign, I  have  the  honor  to  bid  you  welcome,  and 
to  express  in  this  place  my  sentiments  of  profound 
respect  and  lively  gratitude  toward  His  Majesty,  the 
Emperor  of  all  the  Russias,  who,  in  designating  The 
Hague  as  the  meeting-place  of  the  Peace  Conference, 
has  conferred  a  great  honor  upon  our  country.  His 
Majesty,  the  Emperor  of  all  the  Russias,  in  taking 
the  noble  initiative  which  has  been  acclaimed  through- 
out the  entire  civilized  world,  wishing  to  realize  the 
desire  expressed  by  one  of  his  most  illustrious  pred- 
ecessors— the  Emperor  Alexander  the  First  —  that 
of  seeing  all  the  sovereigns  and  all  the  nations  of 


THE   OPENING   OF   THE    CONFERENCE  53 

Europe  united  for  the  purpose  of  living  as  brethren,  Chapter  ii 
aiding  each  other  according  to  their  reciprocal  needs, 
—  inspired  by  these  noble  traditions  of  his  august 
grandfather,  His  Majesty  has  proposed  to  all  the 
Governments,  of  which  the  representatives  are  found 
here,  the  meeting  of  a  Conference  which  should  have 
the  object  of  seeking  the  means  of  putting  a  limit  to 
incessant  armaments,  and  to  jorevent  the  calamities 
which  menace  the  entire  world.  The  day  of  the 
meeting  of  this  Conference  will,  beyond  doubt,  be 
one  of  the  days  wdiich  will  mark  the  history  of  the 
century  which  is  about  to  close.  It  coincides  with 
the  festival  which  all  the  subjects  of  His  Majesty 
celebrate  as  a  national  holiday,  and  in  associating 
myself,  from  the  bottom  of  my  heart,  with  all  the 
wishes  for  the  well-being  of  this  magnanimous 
Sovereign,  I  shall  permit  myself  to  become  the 
interpreter  of  the  wishes  of  the  civilized  world,  in 
expressing  the  hope  that  His  Majesty,  seeing  the 
results  of  his  generous  designs  by  the  efforts  of  this 
Conference,  may  hereafter  be  able  to  consider  this 
day  as  one  of  the  happiest  in  his  reign.  Her  Majesty, 
my  August  Sovereign,  animated  by  the  same  senti- 
ments which  have  inspired  the  Emperor  of  all  the 
Russias,  has  chosen  to  put  at  the  disposal  of  this 
Conference  the  most  beautiful  historical  monument 
which  she  possesses.  The  room  where  you  find 
yourselves  to-day,  decorated  by  the  greatest  artists 
of  the  seventeenth  century,  was  erected  by  the  widow 
of  Prince  Frederick  Henry  to  the  memory  of  her 
noljle   husband.      Among  the   greatest   of   the    alle- 


54        THE  PEACE    CONFERENCE    AT    THE   HAGUE 

Chapter  II  gorical  figures  which  you  will  admire  here,  there  is 
one  appertaining  to  the  peace  of  Westphalia,  which 
merits  your  attention  most  especially.  It  is  the  one 
where  you  see  Peace  entering  this  room  for  the  pur- 
pose of  closing  the  Temple  of  Janus.  I  hope,  gen- 
tlemen, tliat  this  beautiful  allegory  will  be  a  good 
omen  for  your  labors,  and  that,  after  they  have 
been  terminated,  you  will  be  able  to  say  that  Peace, 
which  here  is  shown  to  enter  this  room,  has  gone 
out  for  the  purpose  of  scattering  its  blessings 
over  all  humanity.  My  task  is  finished.  I  have 
the  honor  to  submit  to  you  two  propositions : 
first,  to  offer  to   His  Majesty,  the  Emperor  of   all 

Telegram  to    the  Russias,  our  rcspcctful  congratulations  by  tele- 

of  RuSfa!'^"'^  graph  in  these  words  :  ^  The  Peace  Conference  places 
at  the  feet  of  Your  Majesty  its  respectful  congratu- 
lations on  the  occasion  of  Your  Majesty's  birthday, 
and  expresses  its  sincere  desire  of  cooperating  in  the 
accomplishment  of  the  great  and  noble  work  in 
which  Your  Majesty  has  taken  the  generous  initia- 
tive, and  for  which  the  Conference  requests  the 
acceptance  of  its  humble  and  profound  gratitude.' 

Election  of  "  My  sccoud  propositiou  will  be  met  Avith  equal 
favor.  I  wish  to  be  permitted  to  express  the  desire 
that  the  Presidency  of  this  assembly  be  conferred 
upon  His  Excellency  M.  de  Staal,  Ambassador  of 
Russia." 

These  motions  having  been  carried  unanimously. 
His  Excellency  M.  de  Staal  took  the  presidential 
chair,  with  the  following  speech  :  — 


the  President. 


THE    OPENING    OF   THE   CONFERENCE  55 

"Gentlemen:    My  first  duty  is  to  express  to  His  chapter  ii 
Excellency,  the  Minister  of    Foreign  Affairs  of   the  ^'^^'idress  of 

TVT      1        1         1  •        1        r  1  11  1  1   •    1    I'resident  de 

JNetherJands,  my  gratitude  lor  tlie  noble  words  wiiicli  staai. 
he  has  just  addressed  to  my  August  Master.  His 
Majesty  will  be  profoundly  touched  by  the  high 
sentiments  by  which  M.  de  Beaufort  is  inspired,  as 
well  as  with  the  spontaneity  with  which  they  have 
been  approved  by  the  inemljers  of  this  high  asseinljly. 
If  the  Emperor  of  Russia  has  taken  the  initiative 
for  the  meeting  of  this  Conference,  we  owe  it  to  Her 
Majesty,  the  Queen  of  the  Netherlands,  that  we  have 
been  called  together  in  her  capital.  It  is  a  happy 
presage  for  the  success  of  our  labors  that  we  have 
been  called  together  under  the  auspices  of  a  young 
Sovereign  whose  charm  is  known  far  and  near,  and 
whose  heart,  open  to  everything  grand  and  generous, 
has  borne  witness  to  so  much  sympathy  for  the  cause 
which  has  l)roLio;ht  us  here. 

''  In  the  quiet  surroundings  of  The  Hague  —  in  the 
midst  of  a  nation  which  constitutes  a  most  siojnificant 
factor  of  universal  civilization,  we  have  under  our 
eyes  a  striking  example  of  what  may  be  done  for  the 
welfare  of  peoples  by  valor,  patriotism,  and  sustained 
energy.  It  is  upon  the  historic  ground  of  the  Nether- 
lands that  the  greatest  problems  of  the  political  life 
of  States  have  been  discussed ;  it  is  here,  as  one  may 
say,  that  the  cradle  of  the  science  of  International 
Law  has  stood ;  for  centuries  the  important  negotia- 
tions between  European  Powers  have  taken  place 
here,  and  it  is  here  that  the  remarkable  treaty  was 
signed  which  imposed  a  truce  during  the  bloody  con- 


56         THE   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  II      test  between  States.      We  find  ourselves  surromicled 
Address  of      bv  great  historic  traditions. 

1>  -1.1  J       ct 

1  resulent  de  .  .  ^        ji  i      ,1         tit-     •  r    -r-i 

staai.  "It  remains  lor  nie  to  thank  the  Minister  oi  l<or- 

eign  Affairs  of  the  Netherlands  for  the  too  flattering 
expressions  which  he  has  used  about  me.  I  am  cer- 
tain that  I  express  the  impulse  of  this  high  assembly, 
in  assuring  His  Excellency,  M.  de  Beaufort,  that  we 
should  have  been  happy  to  see  him  preside  over  our 
meetings.  His  right  to  the  Presidency  was  indicated 
not  only  by  precedents  followed  on  like  occasions,  but 
especially  by  his  qualities  as  the  eminent  statesman 
who  now  directs  the  foreign  policy  of  the  Nether- 
lands. His  Presidency  would,  besides,  be  one  more 
act  of  homage  which  we  should  love  to  pay  to  the 
August  Sovereign  who  has  offered  us  her  gracious 
hospitality.  As  for  myself,  I  cannot  consider  the 
election  which  has  been  conferred  upon  me  otherwise 
than  as  a  result  of  my  being  a  plenipotentiary  of  the 
Emperor,  my  Master,  —  the  august  initiator  of  the 
idea  of  this  Conference.  Upon  this  ground  I  accept, 
with  profound  thanks  for  the  high  honor  which  the 
Minister  of  Foreign  Affairs  has  conferred  upon  me 
in  proposing  my  name,  and  which  all  the  members 
of  the  Conference  have  so  graciously  ratified.  I  shall 
employ  all  my  efforts  to  justify  this  confidence,  but 
I  am  perfectly  aware  that  the  advanced  age  which  I 
have  attained  is,  alas,  a  sad  privilege  and  a  feeble 
auxiliary.  I  hope  at  least,  gentlemen,  that  it  may 
be  a  reason  for  your  indulgence. 

"  I  now  propose  to  send  to  Her  Majesty,  the  Queen, 
whose  grateful  guests  w^e  are  here,  a  message  which 
I  shall  now  read  :  — 


THE   OPENING    OF   THE    CONFERENCE  57 

"^Assembled  for  the  first  time  in  the  beautiful  Chapter  ii 
House  in  tlie  Woods,  tlie  members  of  tlie  Confer- 
ence hasten  to  phice  their  best  wishes  at  tlie  feet 
of  Your  Majesty,  begging  the  acceptance  of  the 
homage  of  their  gratitude  for  the  hospitality  which 
you,  niadame,  have  so  graciously  deigned  to  offer 
them.' 

"I  propose  to  confer  the  Honorary  Presidency  of  Election  of 
the  International  Peace  Conference  upon  His  Excel- Pres^dJIiT ami 
lency,  tlie  Minister  of  Foreign  Affairs  of  the  Nether- p^^®:^ 
lands,  and  to  name  as  Vice-President  of  this  assembly 
the  Jonkheer  van  Karnebeek,  First  Delegate  of  the 
Netherlands." 

Upon  the  adoption  of  these  propositions,  the  fol- secretaries, 
lowing  officers  were  elected.  Secretary-General, 
Jonkheer  J.  C.  N.  van  Eys  of  Holland ;  Assistant 
Secretary-General,  M.  Raffolovich  of  Russia;  Secre- 
taries :  M.  Albert  Legrand  of  France,  M.  Edouard 
de  Grelle  Rogier  of  Belgium,  Chevalier  W.  de  Rappard 
of  Holland,  Jonkheer  A.  G.  Schimmelpenninck  of 
Holland,  M.  Max  Jarousse  de  Sillac  of  France,  and 
Jonkheer  J.  J.  Rochussen  of  Holland.  Assistant 
Secretaries :  G.  J.  C.  A.  Pof)  and  Lieutenant  C.  E. 
Dittlinger. 

After  passing  a  resolution  declaring  all  meetings  Secrecy, 
of  the  Conference  and  of  its  Committees  to  lie  abso- 
lutely secret,  the  Conference  adjourned  at  half-past 
two   until    Saturday,  May  20,  at   eleven  o'clock    in 
the  morning. 


58 


THE  PEACE   CONFEREXCE   AT   THE  HAGUE 


Chapter  II 


Telegrams 
from  the 
Queen  of  the 
Netherlands 
and  the 
Emperor  of 
Russia. 


Address  of 
President  de 
Staal. 


The  Second  Session 

At  the  second  session  of  the  Conference,  the  Presi- 
dent, M.  de  Staal,  read  tlie  following  telegrams  :  — 

"  Hausbadejst  :  May  19,  1890.     In  thanking  Your 

Excellency,  as  -well  as   the    members    of   the   Peace 

Conference,    for   the    sentiments    expressed    in   your 

telegram,  I  take  this  occasion,  with  great  pleasure, 

to  repeat  my  welcome  to  my  country.     I  wish  most 

sincerely  that,  with  the  aid  of  God,  the  work  of  the 

Conference  may  realize    the    generous  idea   of   your 

AuQ-ust  Sovereign,      ^c,.        ^.         uw..,.^.^..^..  " 
"^  ^         (Signed)         "  W  ilhelmina. 

"St.  Petersbueg:  May  19, 1899.  The  Emperor 
requests  me  to  act  towards  the  Conference  as  the 
interpreter  of  his  sincere  thanks  and  of  his  most  cor- 
dial wishes.  My  August  Master  directs  me  to  assure 
Your  Excellency  how  much  His  Majesty  appreciates 
the  telegram  which  you  have  sent  to  him. 

(Signed)         "  Count  Mourayieff." 

The  President  stated  that  at  the  moment  of  begin- 
ning the  laljors  of  the  Conference,  he  considered  it 
useful  to  summarize  its  objects  and  general  tenden- 
cies, and  he  expressed  himself  as  follows :  — 

"  To  seek  the  most  efficacious  means  to  assure  to  all 
peoples  the  blessings  of  a  real  and  durable  peace, 
this,  accordincr  to  the  circular  of  the  12tli  —  24th 
—  of  August,  is  the  principal  object  of  our  delibera- 
tions. The  name  of  Peace  Conference,  which  the 
instincts  of  the  people,  anticipating  a  decision  on 
this   point    by    the    Governments,  has  given  to  our 


THE    OPENING   OE   THE    CONFERENCE  59 

assemblage,  indicates  accurately  the  essential  object  chapter  ii 
of  oiir  labors.  The  Peace  Conference  must  not  fail 
in  the  mission  which  devolves  upon  it ;  it  must  offer 
a  result  of  its  deliberations  uliicli  shall  Ije  tangible, 
and  which  all  humanity  awaits  with  confidence.  The 
eagerness  which  the  Powers  have  shown  in  accepting 
the  proposition  contained  in  the  Russian  circidar  is 
the  most  eloquent  testimony  of  the  unanimity  which 
peaceful  ideas  have  attained.  It  is,  therefore,  for 
me  an  agreeable  duty  to  ask  the  delegates  of  all  the 
States  represented  here  to  transmit  to  their  respec- 
tive Governments  the  repeated  expressions  of  thanks 
of  the  Russian  Government.  The  very  membership 
of  this  assemblage  is  a  certain  guarantee  of  the  spirit 
in  which  we  approach  the  labor  which  has  been  con- 
fided to  us.  The  Governments  are  represented  here 
by  statesmen  who  have  taken  part  in  shaping  the 
destiny  of  their  own  countries ;  by  eminent  diplo- 
mats who  have  been  concerned  in  great  negotiations, 
and  Avho  all  know  that  the  first  need  of  peoples  is 
the  maintenance  of  peace.  Besides  these,  there  will 
be  found  here  savants  who  in  the  domain  of  inter- 
national law  enjoy  a  justly  merited  renown.  The 
general  and  superior  officers  of  the  armies  and  navies 
who  will  help  us  in  our  labors  will  bring  to  us  the 
assistance  of  their  high  competence.  Diplomacy,  as 
we  all  know,  has  for  its  object  the  prevention  and 
the  appeasement  of  conflicts  between  States ;  the 
softening  of  rivalries,  the  conciliation  of  interests, 
the  clearing  up  of  misunderstandings,  and  the  substi- 
tution of  harmony  for  discord.     I  may  be  permitted 


60         77/ A'    PEACE    CONFER EXCE   AT   THE    HAGUE 

Chapter  II      to  sii}'  tluit  ill  accordaiiCG  with  the  general  law,  diplo- 
Address  of      jnacj  Is  HO  loiiger  only  an  art  in  wdiich  personal  skill 

President  de  .  ,       ^  .  ti       •        j         t  , 

staai.  enjoys     exclusive     prominence.       it    is    tending     to 

become  a  science,  which  should  have  its  own  fixed 
rules  for  the  solution  of  international  conflicts.  This 
is  to-day  the  ideal  object  which  ought  to  be  before 
our  eyes,  and  indisputably  a  great  progress  would  be 
accomplished  if  diplomacy  should  succeed  in  estab- 
lish in  g-  here  even  some  of  the  results  of  which  I  have 
spoken.  We  shall  also  undertake  in  a  special  manner 
to  generalize  and  codify  the  practice  of  arbitration,  of 
mediation,  and  of  good  offices.  These  ideas  consti- 
tute, so  to  speak,  the  very  essence  of  our  task.  The 
most  useful  object  proposed  for  our  efforts  is  to  pre- 
vent conflicts  by  pacific  means.  It  is  not  necessary  to 
enter  the  domain  of  Utopia.  In  the  ^vork  which  w^e 
are  about  to  undertake,  we  should  take  account  of 
the  possible,  and  not  endeavor  to  follow  abstractions. 
AVithout  sacrificing  anything  of  our  ulterior  hopes,^ 
we  should  here  remain  in  the  domain  of  reality, 
sounding  it  to  the  deepest  depth  for  the  purpose  of 
laying  solid  foundations  and  building  on  concrete 
bases.  Now  what  does  the  actual  state  of  affairs 
show  us  ?  We  perceive  between  nations  an  amount 
of  material  and  moral  interests  which  is  constantly 
increasing.     The    ties  which  unite    all  parts  of   the 

^  This  phrase  was  seized  upon  by  the  press  as  an  indication  of  ambi- 
guity, not  to  say  duplicity,  and  the  most  unfounded  and  absurd 
attacks  upon  Russian  diplomacy  were  founded  on  an  evident  miscon- 
ception. Xothing  could  be  clearer  than  that  INI.  de  Staal  was  refer- 
ring solely  to  "  ulterior  hopes  "  of  permanent  peace,  and  not  to  advan- 
tages of  a  political  nature. 


THE    OPENING   OF   THE    CONFERENCE  Gl 

human  family  are  ever  becoming  closer.  A  nati(jn  chapter  ii 
could  not  remain  isolated  if  it  wished.  It  finds  itself 
surrounded,  as  it  were,  by  a  living  organism  fruitful 
in  blessings  for  all,  and  it  is,  and  should  be,  a  part  of 
this  same  organism.  Without  doubt,  rivalries  exist ; 
but  does  it  not  seem  that  they  generally  appertain 
to  the  domain  of  economics,  to  that  of  commercial 
expansion  which  originates  in  the  necessity  of  utiliz- 
ing abroad  the  surplus  of  activity  which  cannot  find 
sufficient  employment  in  the  mother  country  ?  Such 
rivalry  may  do  good,  provided  that,  above  it  all,  there 
shall  remain  the  idea  of  justice  and  the  lofty  sentiment 
of  human  brotherhood.  If,  therefore,  the  nations 
are  united  by  ties  so  multifarious,  is  there  no  room 
for  seeking  the  consequences  arising  from  this  fact  ? 
When  a  dispute  arises  between  two  or  more  nations, 
others,  without  being  concerned  directly,  are  pro- 
foundly affected.  The  consequences  of  an  interna- 
tional conflict  occurring  in  any  portion  of  the  globe 
are  felt  on  all  sides.  It  is  for  this  reason  that  out- 
siders cannot  remain  indifferent  to  the  conflict  —  they 
are  bound  to  endeavor  to  appease  it  by  conciliatory 
action.  These  truths  are  not  new.  At  all  times 
there  have  been  found  thinkers  to  suggest  them  and 
statesmen  to  apply  them,  but  they  appertain,  more 
than  ever  before,  to  our  own  time,  and  the  fact  that 
they  are  proclaimed  by  an  assembly  such  as  this, 
marks  a  great  date  in  the  history  of  humanity. 

"  The  nations  have  a  great  need  for  peace,  and  we 
owe  it  to  humanity  —  we  owe  it  to  the  Governments 
which  have  here  given  us  their  powers  and  who  are 


G2        THE  PEACE   CONFERENCE   AT   THE   HAGUE 

Chapter  II  responsible  for  the  good  of  their  peoples  —  we  owe  it 
Address  of  to  ourselves  to  accomplisli  a  useful  work  in  finding 
staai.  the  method  of  employing  some  of  the  means  for  the 

purpose  of  insuring  peace.  Among  those  means  ar- 
bitration and  mediation  must  be  named.  Diplomacy 
has  admitted  them  in  its  practice  for  a  long  while, 
but  it  has  not  fixed  the  method  of  their  employment, 
nor  has  it  defined  the  cases  in  which  they  are  allow- 
able. It  is  to  this  high  labor  that  we  must  concen- 
trate our  efforts  —  sustained  by  the  conviction  that 
we  are  laboring  for  the  good  of  all  humanity,  accord- 
ing to  the  way  which  preceding  generations  have  fore- 
seen, and  when  we  have  firmly  resolved  to  avoid 
chimeras,  when  we  have  all  recognized  that  our  real 
task,  grand  as  it  is,  has  its  limits,  we  should  also 
occupy  ourselves  with  another  phase  of  the  situation. 
From  the  moment  when  every  chance  of  an  armed  con- 
flict between  nations  cannot  be  absolutely  prevented, 
it  becomes  a  great  work  for  humanity  to  mitigate  the 
horrors  of  war.  The  governments  of  civilized  States 
have  all  entered  into  international  agreements,  which 
mark  important  stages  of  development.  It  is  for  us 
to  establish  new  principles;  and  for  this  category 
of  questions  the  presence  of  so  many  persons  of 
peculiar  competence  at  this  meeting  cannot  be  other- 
wise than  most  valuable.  But  there  are,  besides 
these,  matters  of  very  great  importance,  and  of  great 
difficulties,  which  also  appertain  to  the  idea  of  the 
maintenance  of  peace,  and  of  which  a  consideration 
has  seemed  to  the  Imperial  Government  of  Russia  a 
proper  part  of  the  labors  of  this  Conference.     This  is 


THE   OPENING   OF   THE   CONFERENCE  63 

the  place  to  ask  whether  the  welfare  of  })eoples  does  chapter  ii     / 
not  demand  a  limitation  of  progressive  armaments. 
It  is  for  the  governments  to  whom  tliis  applies  to 
weigh  in  their  wisdom  the  interests  of  which  they 
have  charge. 

"These  are  the  essential  ideas,  gentlemen,  which 
should  in  general  guide  our  labors.  We  shall  pro- 
ceed, I  am  sure,  to  consider  them  in  a  lofty  and  con- 
ciliatory spirit,  for  the  purpose  of  following  the  way 
which  leads  to  a  consolidation  of  peace.  We  shall 
thus  accomplish  a  useful  work,  for  which  future  gen- 
erations will  thank  the  sovereigns  and  heads  of  state 
represented  in  this  assembly, 

"One  of  our  preliminary  duties  in  order  to  insure  Appointment 
the  progress  of  our  work  is  to  divide  our  labors,  andmittees. 
I  therefore  beg  to  submit  for  your  ap})roval  the  fol- 
lowing proposal.  Three  Committees  shall  Ije  ap- 
pointed. The  First  Committee  shall  have  charge  of 
the  Articles  1,  2,  3,  and  4  of  the  Circular  of  Decem- 
ber 30,  1898.  The  Second  Committee  of  Articles 
5,  G,  and  7.  The  Third  Committee  shall  have  charge 
of  Article  8  of  the  said  Circular,  and  each  Commit- 
tee shall  have  power  to  subdivide  itself  into  sub- 
committees. 

"  It  is  understood  that  outside  of  the  aforemen- 
tioned points  the  Conference  does  not  consider  itself 
competent  to  consider  any  other  question.  In  case 
of  doubt  the  Conference  shall  decide  whether  any 
proposition  originating  in  the  Committee  is  germane 
or  not  to  the  points  outlined.  Every  State  may  be 
represented  upon  every  Committee.     The  First  Dele- 


61        THE   PEACE    CON FE HENCE   AT   THE   HAGUE 

Chapter  II  gatcs  sluill  designate  the  inembers  of  the  respective 
deleg^ations  who  shall  be  members  of  each  of  the 
Committees.  Members  may  be  appointed  upon  two 
or  more  Committees.  In  the  same  manner  as  in  the 
full  Conference  each  State  shall  have  but  one  vote  in 
each  Committee.  The  Delegates,  representing  the 
Governments,  may  take  part  in  all  the  meetings  of 
the  Committees.  Technical  and  scientific  Delegates 
may  take  part  in  the  full  meetings  of  the  Confer- 
ence. The  Committees  shall  appoint  their  own 
ofticers  and  regulate  the  order  of  their  labors." 


Communica- 
tions to  the 
press. 


Summary  of 
the  sessions 
of  the 
Conference. 


These  propositions  of  the  President  were  unani- 
mously adopted. 

At  the  same  meeting  the  President  and  the  Bureau 
were  authorized  to  communicate  to  the  members  of 
the  press  a  summary  of  the  proceedings  of  each  Com- 
mittee, it  being  understood  that  in  other  respects  the 
rule  of  secrecy  should  be  maintained. 

At  its  subsequent  sessions  the  Conference  adopted 
the  reports  presented  by  its  various  Committees,  and 
an  account  of  its  work  will  be  found  in  the  following 
chapters  under  the  appropriate  heads. 

In  the  interest  of  historical  and  chronological 
accuracy  it  should  however  be  stated  that  the  Con- 
ference held  ten  sessions  in  all,  of  which  the  first 
two,  on  May  18  and  20,  have  been  described  above. 
At  the  third  session.  May  23,  the  various  Committees 
were  announced.  At  the  fourth  session,  June  20, 
the  report  of  the  Second  Committee  on  tlie  Extension 
of  the  Geneva  Rules  to  naA\al  warfare  was  adopted, 


THE    OPEXINd   OF   THE    COXFEREXCE  G5 

and  the  Committee  on  the  Final  Act  was  appointed.  Chapter  ii 
At  the  fifth  session,  July  5,  the  report  of  the  Second 
Committee  on  the  Laws  and  Customs  of  War  was 
adopted,  and  the  subject  of  the  immunity  of  })rivate 
property  on  the  high  seas,  introduced  by  the  American 
representatives,  was  referred  to  a  future  conference. 
At  the  sixth  session,  July  21,  the  report  of  the  First 
Committee  on  Disarmament  and  on  the  employment 
of  certain  instruments  of  warfare  was  agreed  to,  and 
at  the  seventh  session,  July  25,  the  report  of  the 
Third  Committee  on  the  peaceful  adjustment  of  in- 
ternational differences  was  adopted,  subject  to  the 
declaration  of  the  United  States  of  America  regarding 
the  Monroe  Doctrine.  The  eighth  and  ninth  sessions, 
July  27  and  28,  were  devoted  to  a  discussion  of  the 
Final  Act,  and  the  placing  upon  record  of  various 
formal  declarations ;  and  an  account  of  the  tenth  or 
final  session,  July  29,  w^ill  be  found  in  a  subsequent 
chapter. 


CHAPTER   III 

THE  WORK  OF  THE  FIRST  COMMITTEE 

Limitation  of  Armaments 

Misconception  TiiE  fiiture  historian  of  the  Peace  Conference  will 
of  the  o  ject  ^.gg^^j,^  ^|-^g  £^(.{.  i\^^\^  i\iiq  gathering  was,  almost  from 
Conference,  ^^le  first,  named  the  "Disarmament  Conference,"  as 
a  most  significant  circumstance,  throwing  a  peculiar 
light  upon  the  condition  of  public  oj)inion,  especially 
with  reference  to  the  institution  of  universal  military 
service.  The  word.  "  disarmament "  does  not  occur 
in  any  of  the  official  documents  of  the  Conference, 
but  the  idea  was  immediately  seized  upon  almost 
unconsciously  by  the  public  at  large,  as  the  ultimate 
goal  toward  Avhich  the  entire  movement  must  inevi- 
tably tend.  The  immediate  result  of  this  misconcep- 
tion was  perhaps  unfortunate,  in  that  it  led  directly 
to  the  widespread  impression  of  the  "failure"  of  the 
Conference,  when  it  became  apparent  that  disarma- 
ment was  a  subject  which  could  not  even  be  seriously 
considered.  It  is  a  matter  of  history  that  immediately 
after  the  adjournment  of  the  Conference  this  alleged 
failure  to  agree,  even  upon  a  limitation  of  present 
armaments,  was  made  the  text  of  innumerable  unfa- 
vorable observations  upon  the  Conference  as  a  whole, 
and  its  positive  results  in  other  directions,  far  reach- 
ing and  momentous  as  they  are,  were  almost  entirely 

m 


LIMITATION   OF  ARMAMENTS  67 

forgotten,  or  mentioned  only  with  patronizing  conde- Chapter  ni 
scension.  Fortnnately  tlie  results  attained  by  the 
Peace  Conference  did  not  depend,  for  their  nltimate 
realization,  npon  public  opinion  in  any  country,  except 
the  United  States  of  America,  where  a  two-thirds 
majority  of  the  Senate  Avas  required  for  the  ratifica- 
tion of  the  treaty.  That  ratification  was  happily  se- 
cured without  difficulty.  It  is  hardly  doubtful  that 
before  long  the  petulant  disappointment  of  puljlic 
opinion  over  the  failure  of  an  idea  which  must  be 
regarded  as  premature,  if  not  Utopian,  will  give  way 
to  a  careful  examination  of  the  work  actually  done, 
and  the  fundamental  truth  will  once  more  be  clearly- 
seen  that  until  an  acceptable  substitute  for  war  is 
provided,  the  ancient  proverb  has  lost  but  little  of  its 
force  :  "  Si  vis  j^ctcan,  para  helium.'''' 

The    limitation    of    armaments    to    their   present  "^'ai"e  of  the 

,        ,        ,        .  ,  ,      .  .  discussion  on 

strengtli,  both  m  numbers  and  m  equipment,  by  the  Limitation 
international  agreement,  was  an  idea  which  was^gnts"^" 
seriously  proposed  and  discussed  at  the  Peace  Con- 
ference, but  the  realization  of  which  was  unanimously 
decided  to  be  premature  at  the  present  time.  That 
such  a  limitation  will  ever  be  the  result  of  an  inter- 
national agreement  may  well  be  doubted,  owing  to 
the  inherent  difficulties  of  the  scheme.  It  cannot, 
however,  be  denied  that  the  practical  discussion  of 
the  question,  by  the  representatives  of  powers  sup- 
posed to  have  conflicting  or  hostile  interests,  Avas  in 
itself  of  value,  and  that  the  light  thrown  upon  the 
subject  during  these  discussions  will  be  of  service 
hereafter. 


68        THE   PEACE    CONFERENCE  AT   THE  HAGUE 

Chapter  III  The  subject  was  referred  to  the  First  Committee 
of  the  Conference,  and  the  discussion  was  opened  on 
June  23  by  M.  Beernaert  of  Belgium,  the  president 
of  the  committee,  who  spoke  as  follows  :  — 

Speech  of  "  Gentlemen  :  We  have  now  reached  the  serious 

eernaert.  pj^^]-,] g j^-^  wliicli  tlic  Russiau  Government  has  first 
raised,  in  terms  which  have  already  engaged  the 
attention  of  all  the  world.  Faithful  to  the  traditions 
^  of  his  predecessors,  and  notably  of  Alexander  I., 
who,  in  1816,  attempted  to  found  Eternal  Peace, 
through  Disarmament,  Emperor  Nicholas  urges  a 
reduction  of  military  expenses,  or  at  least  a  limita- 
tion of  their  increase.  He  has  done  this  in  terms, 
the  gravity  and  importance  of  which  can  hardly  be 
exaggerated.  For  once  it  is  a  great  Sovereign  who 
thinks  that  the  enormous  charges  which,  since  1871, 
have  resulted  in  the  state  of  armed  peace,  now  to  be 
seen  in  Europe,  are  of  a  nature  to  undermine  and 
paralyze  public  prosperity,  and  that  their  ever  in- 
creasing progress  upward  will  produce  a  heavy  load, 
which  the  peoples  will  carry  with  greater  and  greater 
difficulty.  It  is  for  this  evil  that  he  wishes  Europe 
to  find  a  remedy. 

"  The  circular  of  Count  Mouravieff  defines  the 
problem  with  greater  jDrecision  in  presenting  it  in 
its  double  aspect :  What  are  the  means  of  setting 
a  limit  to  the  progressive  increase  of  armaments  ? 
Can  the  nations  agree  by  common  accord  not  to 
increase  them,  or  even  to  reduce  them?  But  it  is 
for  me  rather  to  indicate  the  problem  than  to  pro- 
pose a  solution,  and  I  believe  that  this  latter  should 


LIMITATION   OF  ARMAMENTS  69 

be  formulated  most  clearly  and  precisely.  The  sub- chapter  iii 
ject  is  difficult,  and  it  would  be  impossible  to  exag- 
gerate its  importance,  for  the  question  of  armed 
peace  is  not  only  bound  closely  to  that  of  public 
wealth  and  of  the  highest  form  of  progress,  but  also 
to  the  question  of  social  peace.  This  is  one  more 
reason  why  we  should  give  to  our  discussions  clear 
and  formal  bases.  Hence,  for  example,  we  should 
ask  whether  the  agreement  should  provide  for  the 
number  of  the  effective  forces  or  for  the  amount  of 
the  Ijudget  of  military  expenses,  or  for  both  of  these 
points.  How  should  the  numbers  be  fixed  and  veri- 
fied ?  Should  the  armies  of  to-day  be  taken  as  the 
basis  for  the  designation  ?  Are  naval  forces  to  be 
treated  the  same  as  armies  ?  What  shall  be  done 
about  the  defence  of  colonies  ? 

"  I  hope  that  our  eminent  President,  His  Excel- 
lency M.  de  Staal,  who  will  now  address  us,  \\W\ 
enlighten  us  on  all  these  different  points." 

M.  de  Staal  thereupon  spoke  as  follows :  — 
"  Mr.  President  :  I  wish  to  add  a  few  words  to  speech  of 
the  eloquent  remarks  which  you  have  just  made. 
I  should  like  to  state  precisely  the  thought  by  which 
the  Russian  Government  has  been  inspired,  and  to 
indicate  at  the  same  time  the  different  stages  through 
which  the  question  which  now  occupies  us,  has 
passed.  Since  the  month  of  August,  1898,  the  Rus- 
sian Government  has  invited  the  Powers  to  seek  by 
the  aid  of  international  discussion  the  most  effica- 
cious means  of   setting  a  limit  to    the    progressive 


70        THE   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  III  develoi)ment  of  armaments.  A  cordial  and  sympa- 
speechof  tlictic  wclcomB  was  given  to  the  request  of  the 
Imperial  Government  by  all  the  Powers  who  are 
here  represented.  At  the  same  time,  notwithstand- 
ing the  enthusiasm  with  which  this  proposition  was 
received,  the  Russian  Government  considered  it  neces- 
sary to  gather  more  definite  information  from  the 
various  Cabinets  for  the  purpose  of  deciding  whether 
the  time  was  really  favorable  for  the  convocation 
of  a  Conference,  of  which  the  first  object  would 
properly  be  this  restriction  of  armaments.  The  re- 
sponses which  were  given  to  us,  the  acceptance  of 
the  programme  sketched  in  the  Circular  of  December 
30,  1898,  and  in  which  the  first  point  looked  to  the 
non-augmentation,  for  a  fixed  term,  of  the  existing 
armies,  led  us  to  decide  in  favor  of  taking  the  initia- 
tive in  the  Peace  Conference.  It  is  thus,  gentlemen, 
that  we  find  ourselves  united  at  The  Hague,  animated 
by  a  spirit  of  conciliation,  in  which  our  good  will 
confronts  a  common  work  to  be  accomplished. 

"  Let  us  examine  the  essential  point  which  has 
been  referred  to  this  committee,  —  it  is  the  question 
of  the  limitation  of  budgets  and  of  actual  armaments. 
It  seems  to  me  indispensably  necessary  to  insist  that 
this  important  question  should  be  made  the  subject 
of  a  most  profound  study,  constituting,  as  it  does, 
the  first  purpose  for  which  we  are  here  united,  that 
of  alleviating,  as  far  as  possible,  the  dreadful  burden 
which  weighs  upon  the  peoples,  and  which  hinders 
their  material  and  even  moral  development.  The 
forces  of  human  activity  are  absorbed  in  an  increas- 


LIMITATION   OF  ARMAMENTS  71 

ing  proportion  by  the  expenses  of  the  military  and  Chapter  in 
naval  budgets.  As  General  Den  Beer  Poortngael  has 
said  so  eloquently,  it  is  the  most  important  functions 
of  civilized  governments  which  are  paralyzed  by  this 
state  of  affairs,  and  which  are  thus  relegated  to  the 
second  place.  Armed  peace  to-day  causes  more  con- 
siderable expense  than  the  most  burdensome  war  of 
former  times.  If  one  of  our  great  committees  has 
been  charged  with  the  duty  of  alleviating  or  mitigating 
the  horrors  of  war,  it  is  to  you,  gentlemen,  that  the 
equally  grand  task  has  been  assigned  to  alleviate  the 
burdens  of  peace,  especially  those  which  result  from 
incessant  competition  in  the  way  of  armaments.  I 
may  be  permitted  to  hope  that  on  this  point,  at  least, 
the  desires  of  anxious  populations  who  are  following 
our  labors  with  a  constant  interest  shall  not  be  balked. 
The  disappointment  would  be  cruel.  It  is  for  this 
reason  that  I  ask  you  to  give  all  of  your  attention  to 
the  proposition  which  the  technical  delegates  of  Russia 
will  present  to  you.  You  will  see  that  these  propo- 
sitions constitute  in  very  truth  a  minimum.  Is  it 
necessary  for  me  to  declare  that  we  are  not  speaking 
of  Utopias  or  chimerical  measures  ?  We  are  not  con- 
sidering disarmament.  What  we  are  hoping  for,  is  to 
attain  a  limitation  —  a  halt  in  the  ascending;  course 
of  armaments  and  expenses.  We  propose  this  with 
the  conviction  that  if  such  an  a<2i:reement  is  estab- 
lished,  progress  in  other  directions  will  be  made  — 
slowly  perhaps,  but  surely.  Immobility  is  an  impos- 
sibility in  history,  and  if  we  shall  onl}^  be  able  for 
some  years  to  provide  for  a  certain  stability,  every- 


72   THE  PEACE    L  UN FE HENCE   AT   THE    HAGUE 

Chapteriii  tiling  poiiits  to  tliG  belief  that  a  tendency  toward  a 
diminution  of  military  charges  will  be  able  to  grow 
and  to  develop.  Such  a  movement  would  correspond 
entirely  to  the  ideas  which  have  inspired  the  Russian 
circulars.  But  we  have  not  yet  attained  to  this  point. 
For  the  moment  we  aspire  to  the  attainment  of  sta- 
bility for  a  fixed  limitation  of  the  number  of  effec- 
tives and  of  military  budgets." 

General  Den  Beer  Poortugael  of  Holland  followed  in 
a  most  eloquent  and  brilliant  address,  which  was  in 
the  nature  of  a  general  exhortation  and  an  elabora- 
tion of  the  ideas  expressed  by  M.  de  Staal ;  where- 
upon Colonel  Gilinsky  of  Russia  presented  the  text 
of  the  two  proposals  submitted  on  behalf  of  the 
Russian  Government,  as  follows  :  — 

Russian  ''I.    As  to  armics  :  — 

proposals.  ^^  -j^     ^^  international  agreement  for  the  term  of 

five  years,  stipulating  for  the  non-augmentation 
of  the  present  number  of  troops  kept  in  time  of 
peace. 

"  2.  The  determination,  in  case  of  such  an  agree- 
ment, if  it  is  possible,  of  the  number  of  troops  to  be 
kept  in  time  of  peace  by  all  of  the  Powers,  not 
including  Colonial  troops. 


u  q 


o. 


The  maintenance,  for  the  term  of  five  years, 
of  the  amount  of  the  military  budget  in  force  at  the 
present  time. 

"  II.    As  regards  navies  :  — 

"  I.  The  acceptance  in  principle  of  fixing  for  a 
term  of  three  years  the  amount  of  the  naval  budget. 


LIMITATION   OF  ARMAMENTS  73 

and  an  agreement  not  to  increase  the  total  amount  chapter  ni 
for  this  triennial  period,  and  the  obligation  to  pub- 
lish during  this  period,  in  advance  :  — 

"  («)  The  total  tonnage  of  men-of-war  which  it  is 
proposed  to  construct,  without  giving  in  detail  the 
types  of  ships. 

"(6)  The  number  of  officers  and  crews  in  the 
navy. 

"  (c)  The  expenses  of  coast  fortifications,  includ- 
ing fortresses,  docks,  arsenals,  etc." 

Colonel  Gilinsky  said  that  the  programme  of  the  Speecii  of 
Russian  Government  had  in  view  two  objects,  —  the  Gmnsky  of 
first  was  humanitarian,  diminishing   the    possibility  ^"^^'^" 
of  war,  and  as  far  as  possible  its  evils  and  calami-    ^ 
ties ;  the  second  was    founded    upon  economic    con- 
siderations, namely :   to  diminish  so   far  as  possible 
the   enormous  weight   of   pecuniary    charges   which 
all  the  nations  are  obliged  to  supply  for  the  support 
of  their  armies  in  time  of  peace. 

With  regard  to  the  first  object,  the  committees 
to  which  have  been  referred  the  questions  of  arbitra- 
tion, good  offices,  the  laws  and  usages  of  war,  and 
the  adaptation  of  the  principles  of  the  Geneva  Con- 
vention to  naval  warfare,  were  now  busily  engaged  ; 
but  Colonel  Gilinsky,  while  hoping  that  their  labors 
Avould  be  crowned  with  great  success,  asked  wdiether 
the  peoples  represented  at  the  Conference  would  be 
entirely  satisfied  if  nothing  whatever  was  done  at 
the  Conference  to  lift  this  heavy  load  which  they 
were  bearing  in  time  of  peace,  and  which  was  so 
enormous  that  open  war  had  been  considered  almost 


Russia. 


71        77//;    PEACE    COX EE HENCE   AT    THE   HAGUE 

Chapter  III     preferable     to    tlie    indefinite    continuance    of     sncli 

sppocii  of       inibearable  conditions. 

Giiiiisky  of  Colonel  Gilinsky  proceeded  to  examine  the  argu- 

ment that  the  expenditure  of  money  for  the  support 
of  the  army  was  a  benefit  to  the  country  because 
the  money  was  kept  in  the  country ;  and  he  pointed 
out  the  difficulty  of  setting  a  limit  to  continued 
increase  of  armaments  on  the  part  of  any  country 
which  considered  itself  in  danger,  except  by  A'irtue 
of  an  international  agreement.  He  claimed  that  the 
Russian  proposals  were  not  in  themselves  novel,  since 
they  simply  extended  over  the  entire  world  principles 
which  had  l^een  accepted  in  many  of  the  countries 
here  represented.  In  Germany  the  strength  of  the 
army  was  fixed  every  seven  years :  in  Russia  the 
military  budget  was  fixed  for  a  term  of  five  years. 
The  term  might  be  shorter  if  the  Conference  so 
decided. 

"  We  suggest  nothing  new,"  he  remarked,  "  except 
the  decision  and  the  courage  to  ascertain  the  facts, 
and  to  say  that  the  time  has  come  to  call  a  halt. 
Russia  proposes  this  to  you  :  she  invites  you  to  set 
a  limit  to  the  further  increase  of  military  forces  at  a 
moment  when  she  herself  is  far  from  having  attained 
the  maximum  in  this  development,  for  we  Russians 
do  not  call  upon  more  than  twenty-six  to  twenty- 
nine  and  one-half  per  cent  of  our  young  men  to  enter 
the  ranks,  whereas  other  States  require  twice  as  great 
a  percentage  or  even  more.  There  is  thus  no  selfish 
interest  in  the  Russian  proposal.  It  is  a  purely 
humanitarian   idea,  and  a  proposition   with   an   eco- 


LIMITATION   OF  ARMAMENTS  75 

nomic  feature  wliich  you  can  entertain  and  discuss  chapter  ni 
in  absolute  confidence." 

Colonel  Gilinsky  called  attention  to  the  fact  that 
the  Russian  proposition  was  the  only  one  upon  the 
subject  which  had  been  su):)mitted  to  the  Conference, 
but  assured  all  the  members  that  any  alternative 
proposition,  modification,  or  suggestion  for  amend- 
ment coming  from  any  other  country  would  l)e  most 
welcome.  He  hoped  the  question  would  be  care- 
fully and  freely  discussed.  As  for  disarmament,  he 
repeated  that  it  was  neither  practicable  nor  desirable 
to  discuss  that  question  until  an  agreement  had  been 
reached  regarding  a  limitation  of  present  armaments. 
He  closed  as  follows  :  — 

"  The  idea  of  the  Emperor  of  Russia  is  grand  and 
generous.  Misunderstood  at  first,  it  now  commands 
the  approval  of  all  peoples,  for  the  people  have  at 
last  understood  that  this  idea  has  in  view  nothing  but 
peace  and  the  prosperity  of  all.  The  seed  has  fallen 
into  fruitful  soil  —  the  human  mind  is  aroused  — 
it  is  working  to  make  it  germinate,  and  soon  I  am 
sure  this  seed  will  bear  beautiful  fruit.  H  not  this 
first  Conference,  it  will  be  a  future  Conference  which 
will  accept  the  idea,  for  it  responds  to  the  wants  of 
the  nations.  We  are  here,  gentlemen,  to  cultivate 
this  idea,  to  solve  this  problem.  Do  not  let  us  yield 
the  honor  to  others.  Let  us  make  a  supreme  effort, 
and  with  good-will  and  confidence,  I  hope  we  shall 
arrive  at  the  very  agreement  so  ardently  desired  by 
all  nations." 

At  the  next   meetimi;  of  the  First  Committee  on 


7()        THE   PEACE   CONFERENCE   AT   THE   HAGUE 

Chapter  III  June  27,  Colonel  Gilinsky  gave  a  few  additional 
explanations  of  the  Russian  proposal,  the  most 
important  being,  that,  while  Russia  had  no  colonies 
in  tlie  strict  sense  of  the  term,  she  owned  territories 
at  a  very  great  distance  from  Europe,  and  he  con- 
sequently proposed  to  treat  troops  serving  in  the 
Central  Asia  and  the  Amur  districts  like  the  col- 
onial troops  of  other  Powers ;  that  is  to  say,  to 
place  no  limitation  upon  their  numbers. 

General  Gross  von  Schwarzhoff  of  Germany  there- 
upon spoke  as  follows  :  — 
Speech  of  '^  Gextlemen  :     Our    lionorcd    colleague,    Colonel 

Schwarzhoff.  GiHusky,  lias  requested  us  not  to  vote,  but  to  discuss 
the  propositions  which  have  been  formulated  in  his 
report  on  the  first  point  of  the  Circular  of  Count 
Mouravieff.  I  feel  constrained  to  comply  with  this 
request,  and  to  express  my  opinion,  and  I  shall  do  so 
with  perfect  frankness,  and  without  any  reservation. 
In  the  meanwhile,  however,  I  should  like  to  say  a 
few  w^ords  in  reply  to  General  Den  Beer  Poortugael, 
who  made  himself  the  warm  defender  of  these  propo- 
sitions even  before  they  had  been  submitted  to  us. 
He  did  so  in  very  elevated  and  picturesque  language, 
for  which  I  envy  him,  and  of  which  we  all  recognize 
the  high  eloquence.  But  I  am  unable  to  agree  with 
all  the  ideas  which  he  has  expressed.  There  is  a 
Latin  proverb  which  says,  '■Quis  taeet  consentire  vide- 
atur,'  and  I  should  not  like  to  have  my  silence  taken 
as  consent.  I  can  hardly  believe  that  among  my 
honored  colleagues  there  is  a  single  one  ready  to 
state  that  his  Sovereign,  his  Government,  is  engaged 


LIMITATION   OF  ARMAMENTS  77 

in  working  for  the  inevitable  rnin,  the  slow  but  sure  Chapter  in 
annihilation  of  his  country.  I  have  no  mandate  to 
speak  for  my  honored  colleagues,  but  so  far  as  Ger- 
many is  concerned,  I  am  able  to  completely  reassure 
her  friends  and  to  relieve  all  well-meant  anxiety. 
The  German  people  is  not  crushed  under  the  weight 
of  charges  and  taxes,  —  it  is  not  hanging  on  the  brink 
of  an  abyss  ;  it  is  not  approaching  exhaustion  and 
ruin.  Quite  the  contrary;  public  and  private  wealth 
is  increasing,  the  general  welfare  and  standard  of 
life  is  being  raised  from  one  year  to  another.  So  far 
as  compulsory  military  service  is  concerned,  which  is 
so  closely  connected  with  those  questions,  the  Ger- 
man does  not  regard  this  as  a  heavy  burden,  but  as  a 
sacred  and  patriotic  duty  to  which  he  owes  his  coun- 
try's existence,  its  prosperity,  and  its  future. 

"  I  return  to  the  propositions  of  Colonel  Gilinsky, 
and  to  the  arguments  which  have  been  advanced,  and 
which  to  my  mind  are  not  quite  consistent  with  each 
other.  On  the  one  hand,  it  is  feared  that  excessive 
armaments  may  bring  about  war ;  on  the  other,  that 
the  exhaustion  of  national  wealth  will  make  war  im- 
possible. As  for  me,  I  have  too  much  confidence  in 
the  wisdom  of  sovereigns  and  nations  to  share  such 
fears.  On  the  one  hand,  it  is  pretended  that  noth- 
ing is  asked  but  things  which  have  existed  for  a  long 
time  in  some  countries,  and  which  therefore  present 
no  technical  difficulties;  on  the  other  hand,  it  is  said 
that  this  is  truly  a  very  difficult  question,  the  solu- 
tion of  which  would  require  a  supreme  effort.  I  am 
entirely  of  the  latter  opinion.     We  shall  encounter 


7S        THE    PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  III     insiirmoTintable  obstacles — those  which  may  be  called 
Speech  of       technical  in  a  somewhat  wider  sense  of  tlie  term.     I 

(xeneral  Vdii 

Schwarzhoff.  bclieve  that  the  question  of  effectives  cannot  be 
regarded  by  itself  alone,  disconnected  from  a  number 
of  other  questions  to  which  it  is  quite  subordinated. 
Such  questions,  for  instance,  as  the  state  of  public 
instruction,  the  length  of  time  of  active  military  ser- 
vice, the  number  of  established  regiments,  the  effec- 
tives of  each  army  unit,  the  number  and  duration  of 
the  drills  or  military  obligations  of  the  reserves,  the 
location  of  the  different  army  corps,  the  railway  sys- 
tem, the  number  and  situation  of  fortified  places.  In 
a  modern  army  all  of  these  belong  together  and  form 
the  national  defence  which  each  people  has  organized 
according  to  its  character,  its  history,  and  its  tradi- 
tions, taking  into  account  its  economical  resources, 
its  geographical  situation,  and  the  duties  incumbent 
upon  it.  I  believe  that  it  would  be  very  difficult  to 
substitute  for  such  an  eminently  national  task  an 
international  convention.  It  would  be  impossible  to 
determine  the  extent  and  the  force  of  one  single 
portion  of  this  complicated  mechanism.  It  is  impos- 
sible to  speak  of  effectives  without  taking  into  account 
the  other  elements  which  I  have  enumerated  in  a 
most  incomj)lete  manner.  Furthermore,  mention  has 
been  made  only  of  troops  stationed  in  the  larger 
cities,  and  with  this  Colonel  Gilinsky  agrees ;  but 
there  is  territory  which  may  not  be  a  part  of  the  par- 
ticular country,  but  which  may  be  so  near  that  troops 
stationed  there  would  certainly  participate  in  a  con- 
tinental   war.     And    the    countries    over   sea — how 


LIMITATION  OF  ARMAMENTS  79 

could  they  ever  admit  a  limitation  of  their  armies  chapter  iii 
if  colonial  troops,  which  alone  menace  them,  are  not 
to  be  affected  by  this  convention  ? 

"  Gentlemen :  I  have  simply  indicated  from  a 
general  point  of  view  some  of  the  reasons  which, 
according  to  my  view,  prevent  the  realization  of  the 
desire  which  is  surely  shared  by  us  all,  to  arrive  at 
an  agreement  on  the  question  before  us.  Permit  me 
to  add  a  few  words  regarding  the  special  situation  of 
the  country  which  I  have  the  honor  to  represent  in 
this  body.  In  Germany  the  number  of  effectives  is 
fixed  by  an  agreement  between  the  Government  and 
the  Reichstag,  and  in  order  not  to  repeat  every  year 
the  same  debates,  the  number  was  fixed  for  seven  and 
later  for  five  years.  This  is  one  of  the  arguments 
advanced  by  Colonel  Gilinsky  when  he  declared  that 
he  asks  of  us  nothing  new.  At  first  sight,  gentle- 
men, it  would  seem  that  such  an  arrangement  might 
facilitate  our  adhesion  to  a  similar  proposition  :  but 
apart  from  the  fact  that  there  is  a  great  difference 
between  a  municipal  law  and  an  international  con- 
vention, it  is  precisely  our  '  quinquennate '  which 
prevents  us  from  making  the  proposed  agreement. 
There  are  two  reasons  against  it :  first,  the  interna- 
tional period  of  five  years  would  not  synchronize 
with  our  national  period,  and  this  would  be  a  grave 
obstacle;  furthermore,  the  military  law  which  is 
to-day  in  force  does  not  fix  a  specified  number  of 
effectives,  but  on  the  contrary  it  provides  for  a  con- 
tinuous increase  up  to  1902  or  1903,  in  which  year  the 
reorganization  begun  this  year  will  have  been  termi- 


80        THE  PEACE    CONFERENCE  AT   THE   HAGUE 

Chapter  III  nated.  Up  to  then  it  would  be  impossible  for  us  to 
maintain,  even  for  two  consecutive  years,  the  same 
number  of  effectives."  ^ 

Answer  of  Coloucl  Giliusky  replied  briefly  to  the  arguments 

Giiinsky.  of  General  von  Schwarzhoff.  He  considered  it  possi- 
ble to  meet  the  objections  based  upon  the  present 
laws  of  Germany.  Regarding  the  prosperity  of 
States,  Colonel  Giiinsky  said  that  he  did  not  claim 
that  all  countries  were  being  impoverished  —  there 
are  those  which  progress  notwithstanding  military 
charges,  but  still  the  latter  were  certainly  not  a  help 
to  public  prosperity.  Successive  armaments  were 
not  of  a  nature  to  increase  the  wealth  of  govern- 
ments, even  though  they  might  be  profitable  to  some 
persons.  He  conceded  that  the  question  of  railways 
exercises  a  great  influence  upon  the  defence  of  a 
country  —  an  army  would  have  to  be  much  more 
numerous  if  the  boundaries  could  not  be  quickly 
defended  from  the  interior,  with  the  assistance  of  an 
effective  railway  system.  With  regard  to  the  coun- 
tries beyond  sea,  he  admitted  that  exceptions  would 
have  to  lie  made  on  the  subject  of  colonial  troops, 
but  he  thought  that  while  no  hard-and-fast  rule 
could  be  laid  down,  the  way  might  be  found  to 
satisfy,  if  not  all,  at  least  a  great  number. 

General  von  Schwarzhoff,  in  reply,  feared  that  he 

^  The  entire  subject  of  disarmament,  or  a  limitation  of  armaments 
in  its  various  aspects,  is  treated  in  a  masterly  manner,  in  Chapter  XIV. 
(p.  450)  of  Schlief,  Der  Fricde  in  Europa,  where  the  reader  will  find 
some  of  General  von  Schwarzhoff's  view's  amplified,  and  others  con- 
troverted. 


LIMITATION  OF  ARMAMENTS  81 

had  not  been  completely  understood.     He  would  not  Chapter  in 
deny  that  other  means,  perhaps  more  humane,  might  K«piy  of 
be  found  to  spend  money,  than  in  supplying  military  scinvarzhoff. 
armaments.     He  merely  wished  to  answer  language 
which,  according  to  his  ideas,  was  surely  exaggerated. 
The  number  of  effectives  alone  gave  no  proper  basis 
for   comparison  of    the   strength  of  armies,  because 
there  was    a    great  number  of    other  considerations 
which  had  to  be  reu'arded.     AYithout   touchino;    the 
number    of    its    effectives,  any   power   could    vastly 
increase    its    belligerent   strength.     The  equilibrium 
which  is  now  supposed  to  exist  would  then  be  de- 
stroyed, and  in  order  to  reestablish  it,  governments 
must  be  left  free  to  choose  the  means  best  suited  to 
their  requirements. 

Jonkheer  van  Karnebeek  of  Holland  supported  the  Speech  of 
views  advanced  by  his  colleague,  General  Den  Beer  Karnebeek. 
Poortugael,  without  ignoring  the  great  force  of  the 
objections  raised  by  General  von  Schwarzhoff,  and  he 
called  particular  attention  to  the  fact  that  the  forces 
of  anarchy  and  unrest  in  each  country  would  be  the 
only  ones  to  profit  directly  by  the  failure  of  the 
Conference  to  agree  upon  some  limitation  of  the  in- 
crease of  armaments. 

M.  Stancioff  of  Bulgaria  declared  that  his  Govern- 
ment would  cordially  support  any  proposition  for  a 
limitation  of  armaments.  He  declared  that  armed 
peace  was  ruinous,  especially  for  small  countries 
whose  wants  were  enormous  and  who  had  everything 
to  gain  by  using  their  resources  for  the  development 
of  industry,  agriculture,  and  general  progress.     He 


82         THE   PEACE   CONFERENCE   AT   THE   HAGUE 

Chapter  III  repudiated  the  idea  that  the  proposition  before  the 
Conference  impaired  the  liberty  of  nations.  For  this 
reason  Bulgaria  had  warmly  welcomed  the  circular 
of  Count  Mouravieif,  and  was  prepared  to  support 
every  movement  tending  toward  the  practical  reali- 
zation of  the  ideas  of  the  Emperor  of  Russia. 

Appointment       After  a  further  brief  discussion,  the  chairman,  M. 

of  Sub-  n        ,  .  J. 

Committees.  Beemacrt,  suggested  the  appomtment  oi  a  committee 
to  which  the  Russian  proposals  should  be  referred. 

M.  Bourgeois  of  France  suggested  that  the  smaller 
states,  which  were  necessarily  inclined  toward  the 
maintenance  of  peace,  should  Ije  represented  equally 
with  the  Great  Powers,  and  the  motion  of  the  chair- 
man was  adopted  by  the  following  vote  :  — 

Ayes :  United  States  of  America,  Belgium,  Spain, 
France,  Great  Britain,  Italy,  Japan,  Netherlands, 
Persia,  Portugal,  Roumania,  Russia,  Servia,  Sweden 
and  Norway,  China,  Turkey,  and  Bulgaria,  (17). 

Noes  :  Germany,  Austria-Hungary,  (2). 

Abstentions:  Denmark,  Greece,  Switzerland,  (3). 

The   sub-committee    for  the    examination    of   the 
military  proposals  was  constituted  as  follows :  — 
Military.  Major-Gencral  Gross  von  Schwarzhoff  of  Germany, 

General  Mounier  of  France,  Colonel  Gilinsky  of  Russia, 
General  Sir  John  Ardagh  of  Great  Britain,  Lieuten- 
ant-Colonel von  Khuepach  of  Austria,  General  Zuccari 
of  Italy,  Captain  Briindstrom  of  Sweden,  Colonel 
Coanda  of  Roumania,  and  M.  Raffalovich  of  Russia, 
Secretary. 
Naval.  The  naval   portion  of    the  Russian  proposals  was 

referred  to  another  sub-committee,  consisting  of  M. 


LIMITATION   OF  ARMAMENTS  83 

de  Bille  of  Denmark,  Count  Soltyk  of  Austria,  Captain  Chapter  ui 
Sclieine  of  Russia,  and  M.  Corragioni  d'  Orelli  of  Siam. 

At  the  next  meeting  of  the  First  Committee  under 
tlie  Presidency  of  M,  Beernaert  on  June  30,  M. 
Mijatovitch  of  Servia  took  the  floor,  and  in  a  speech 
of  great  force  dechired  the  adhesion  of  his  country  to 
the  ideas  expressed  by  Count  Moiiravieff,  and  formu- 
lated in  the  Russian  proposals. 

The  military  sub-committee  appointed  at  the  last  Report  of 
session,  to  which  was  referred  the  examination  of  the  committee, 
first  proposal,  reported  through  M.  Beernaert  as  fol- 
lows :  "  The  members  of  the  committee,  to  whom  was 
referred  the  proposition  of  Colonel  Gilinsky,  regard- 
ing the  first  point  in  the  Circular  of  Count  Mouravieff, 
after  two  meetings,  report,  that  with  the  exception 
of  Colonel  Gilinsky  they  are  unanimously  of  the  opin- 
ion, first,  that  it  would  be  very  difficult  to  fix,  even 
for  a  period  of  five  years,  the  number  of  effectives, 
without  regulating  at  the  same  time  other  elements 
of  national  defence ;  second,  that  it  would  be  no  less 
difficult  to  regulate  by  international  agreement  the 
elements  of  this  defence,  organized  in  every  country 
upon  a  different  principle.  In  consequence,  the 
committee  regrets  not  being  able  to  approve  the 
proposition  made  in  the  name  of  the  Russian  Govern- 
ment. A  majority  of  its  members  believe  that  a 
more  profound  study  of  the  question  by  the  Govern- 
ments themselves  would  be  desirable." 

General  Zuccari  of  Italy  declared  that  the  num- 
ber  of   effectives   for    peace    of    the    Italian    army 


84 


THE  PEACE   CONFERENCE  AT   THE   HAGUE 


Chapter  III 


Speech  of 
Baron  de 
Bildt  of 
Sweden  and 
Norway. 


was  fixed  by  organic  laws,  which  his  Government 
had  no  intention  of  changing,  and  that  it  must 
therefore  reserve  to  itself  complete  liberty  of  action 
with  regard  to  any  international  agreement  on  the 
subject. 

Baron  de  Bildt  of  Sweden  and  Norway  spoke  as 
follows  :  — 

"  I  venture  to  say  that  in  no  country  have  the 
Russian  proposals  been  received  with  a  more  spon- 
taneous and  more  sincere  sympathy  than  in  Sweden 
and  Norway.  Profoundly  convinced  of  the  necessity 
of  peace,  we  have  for  nearly  a  century  pursued  a 
policy  which  looks  to  nothing  but  the  maintenance 
of  good  relations  with  other  Powers,  and  our  military 
establishments  have  always  had  only  one  object,  — 
the  protection  of  our  independence  and  the  mainten- 
ance of  neutrality.  A  message  of  peace,  having  in 
view  a  limitation  of  the  armaments  which  now  weigh 
heavily  upon  the  world,  could  not  be  otherwise  than 
welcome  to  us,  and  it  could  not  come  from  any  better 
source  than  from  our  powerful  neighbor.  If,  not- 
withstanding all  this,  we  cannot  approve  the  proposi- 
tions formulated  by  Colonel  Gilinsky,  it  is  not  because 
we  have  not  the  same  desire  as  he,  regarding  that 
which  is  to  be  done,  but  l^ecause  we  find  ourselves 
confronted  with  an  important  question  of  form.  The 
Russian  propositions  make  no  difference  between 
armies  organized  according  to  the  principles  of  mod- 
ern military  science  and  those  which  are  still  governed 
by  former  conditions,  possibly  superannuated,  or  those 
which  are  at  present  in  a  state    of  transformation. 


LIMITATION   OF  ARMAMENTS  85 

Moreover,  they  make  no  distinction  between  armies  chapter  m 
constituting  a  complete  military  weapon,  equally 
adapted  to  attack  or  defence,  and  those  which,  either 
by  the  short  duration  of  service  or  by  their  distinctive 
qualities,  manifestly  are  intended  to  have  only  a  de- 
fensive character.  This  is  precisely  the  case  with 
the  Swedish  and  Norwegian  armies,  organized  on  the 
basis  of  obligatory  service  of  at  least  some  months, 
and  being  now  in  a  stage  of  transformation.  When 
I  state  that  the  greater  number  of  cadres  of  the 
Swedish  army  exists  under  a  system  dating  back  two 
centuries,  I  believe  I  have  said  enough  to  convince 
you  that  this  is  not  an  organization  which  we  could 
agree  to  maintain  even  for  five  years.  We  have, 
therefore,  not  given  our  vote  in  favor  of  the  Russian 
proposition,  such  as  it  has  been  formulated,  and  I 
state  this  fact  with  the  sincerest  regret  —  I  may  say 
more,  with  great  sorrow  —  for,  gentlemen,  we  are 
about  to  terminate  our  labors,  recognizing  that  we 
have  been  confronted  by  one  of  the  most  important 
problems  of  the  century,  and  confessing  that  we  have 
done  very  little  toward  solving  it.  It  is  not  for  us 
to  indulge  in  illusions  ;  when  the  results  of  our  labors 
shall  have  become  known,  there  will  arise,  notwith- 
standing all  that  we  have  done  for  arbitration,  the 
Red  Cross,  etc.,  one  grand  cry, '  This  is  not  enough,' 
and  most  of  us  in  our  conscience  will  have  to  admit 
the  justice  of  this  cry.  It  is  true,  our  conscience  will 
also  tell  us,  as  a  consolation,  that  we  have  done  our 
duty,  for  we  have  evidently  followed  our  instructions  ; 
but  I  venture  to  say  that  our  duty  is  not  linished, 


8(!        THE    PEACE    COXEEliESCE   AT    THE   HAGUE 


Chapter  III 

Speech  of 
Baron  de 
Bildt  of 
Sweden  and 
Norway. 


and  that  there  yet  remains  something  else  to  accom- 
pHsh.  Let  me  exi)lain  what  I  mean.  The  act  of  the 
Russian  Emperor  has  ah-eady  been  covered  with  all 
the  flowers  of  rhetoric,  by  men  much  more  eloquent 
than  I .  Let  me  content  myself  with  saying,  that  while 
the  idea  is  grand  and  beautiful,  and  while  it  responds  to 
a  desire  felt  by  millions  upon  millions  of  men,  it  may 
further  be  said  that  it  cannot  die.  If  the  Emperor 
will  only  add  the  virtue  of  perseverance  to  the  nobil- 
ity of  heart  and  the  generosity  of  spirit  which  he 
has  shown  throughout  the  Peace  Conference,  the 
triumph  of  his  labors  is  assured.  He  has  received 
from  Providence  not  only  the  gift  of  power,  but  also 
that  of  youth.  If  the  generation  to  which  we  belong 
is  not  destined  to  accomplish  this  work,  he  may 
count  upon  that  which  will  soon  come  to  take  our 
places.  To  him  belongs  the  future,  but  in  the  mean- 
while we,  who  wish  to  be,  each  one  in  his  own  small 
sphere  of  activity,  his  humble  and  faithful  co-laborers, 
we  have  the  duty  to  seek,  and  to  explain  to  our 
Governments  with  entire  frankness  and  entire  ve- 
racity, each  imperfection,  each  omission  which  may  be 
shown  in  the  preparation  or  the  execution  of  this 
work,  and  to  tenaciously  strive  after  the  means  of 
doing  better  and  doing  more,  whether  this  means  be 
found  in  new  conferences,  in  direct  negotiations,  or 
simply  in  the  policy  of  a  good  example.  This  is  the 
duty  which  it  remains  for  us  to  fulfil." 


The   speech    of   Baron  de   Bildt  was  warml}^  ap- 
plauded and  created  a  profound  impression. 


LIMITATION   OF  ARMAMENTS  87 

M.  Bourgeois  thereupon  took  the  floor,  and  spoke  Chapter  ni 
as  follows  :  — 

"I    have    been    happy  to    listen    to    the   eloquent^pf''"'"'"'^ m- 

^  ^  ^  .  .  ,    ^  B()urj;i'ois  of 

remarks  which  Baron  de  Bildt  has  just  delivered.  Fiance. 
They  express  not  only  my  personal  sentiments  and 
those  of  my  colleagues  of  the  French  delegation,  but 
I  am  sure  that  they  also  express  the  feelings  of  the 
entire  Conference.  I  wish  to  join  in  the  appeal  which 
the  delegate  of  Sweden  and  Norway  has  just  made. 
I  believe  that  to  express  completely  the  thought  by 
wdiicli  it  was  animated,  the  committee  must  do  some- 
thing more.  I  have  read  carefully  the  text  of  the 
conclusions  adopted  by  the  sub-committee.  This 
report  shows  with  great  precision  and  force  the  diffi- 
culties now  in  the  way  of  the  adoption  of  an  inter- 
national treaty  for  the  limitation  of  effectives.  It 
was  for  the  purpose  of  examining  these  practical 
difficulties  that  the  subject  was  referred  to  this  sub- 
committee, and  no  one  can  think  of  criticising  the 
manner  in  which  it  has  accomplished  its  task.  But 
this  first  committee  of  the  Conference  should  con- 
sider the  problem  presented  by  the  first  paragraph 
of  the  circular  of  Count  Mouravieff  from  a  point 
of  view  more  general  and  more  elevated.  We  cer- 
tainly do  not  wish  to  remain  indifferent  to  a  ques- 
tion of  principle  presented  to  the  civilized  world  by 
the  generous  initiative  of  His  Majesty  the  Emperor 
of  Russia.  It  seems  to  me  necessary  that  an  addi- 
tional resolution  should  be  adopted  by  us,  to  express 
more  clearly  the  sentiment  wdiicli  animated  the  last 
speaker,  and  which  makes  us  all  hope  and  wish  that 


88       THE  PEACE   CONFERENCE  AT   THE   HAGUE 

Chapter  III  tliG  work  here  begun  may  not  be  abandoned.  The 
Speech  of  M.  question  of  principle  may  be  stated  very  simply.  Is 
Frame.  it  dcsirable  to  nmit  the  military  charges  whicJi  now 

weigh  upon  the  world  ?  I  listened  with  great  care 
in  the  last  session  to  the  remarkable  speech  of 
General  von  Schwarzhoff.  He  presented  with  the 
greatest  possible  force  the  technical  objections  which, 
according  to  his  view,  prevented  the  committee  from 
adopting  the  propositions  of  Colonel  Gilinsky.  It 
did  not,  however,  seem  to  me  that  he  at  the  same 
time  sufficiently  recognized  the  general  ideas  in  pur- 
suance of  which  we  are  here  united.  He  showed  us 
that  Germany  is  easily  supporting  the  expense  of 
its  military  organization,  and  he  reminded  us  that 
notwithstanding  this,  his  country  was  enjoying  a 
very  great  measure  of  commercial  prosperity.  I 
belong  to  a  country  which  also  supports  readily  all 
personal  and  financial  obligations  imposed  by  national 
defence  upon  its  citizens,  and  we  have  the  hope  to 
show  to  the  world  next  year  that  we  have  not  gone 
back  in  our  productive  activity,  and  have  not  been 
hindered  in  the  increase  of  our  financial  prosperity. 
But  General  von  Schwarzhoff  will  surely  recognize 
Avith  me  that  if  in  his  country,  as  well  as  in  mine, 
the  great  resources,  which  are  now  devoted  to  mili- 
tary organization,  would,  at  least  in  part,  be  put  to 
the  service  of  peaceful  and  productive  activity,  the 
grand  total  of  the  prosperity  of  each  country  would 
not  cease  to  increase  at  an  even  more  rapid  rate. 
It  is  this  idea  which  we  ought  not  only  to  express 
here    among    ourselves,    but   which,   if   possible,  we 


LIMITATION  OF  ARMAMENTS  89 

should  declare  before  the  public  opinion  of  the  world.  Chapter  ni 
It  is  for  this  reason  that  if  I  were  obliged  to  vote  on 
the  question  put  in  the  first  paragraph  of  the  propo- 
sition of  Colonel  Gilinsky,  I  would  not  hesitate  to 
vote  in  the  affirmative.  Besides,  we  have  hardly  the 
right  here  to  consider  only  whether  our  particular 
country  supports  the  expense  of  armed  peace.  Our 
duty  is  higher.  It  is  the  general  situation  of  all 
nations  which  we  have  been  summoned  to  consider. 
In  other  words,  we  are  not  only  to  vote  on  questions 
appertaining  to  our  special  situation.  If  there  is  a 
general  idea  which  might  serve  to  attain  universal 
good,  it  is  our  duty  to  emancipate  ourselves.  Our 
object  is  not  to  form  a  majority  and  a  minority.  We 
sliould  refrain  from  dwelling  upon  that  which  sepa- 
rates us,  but  emphasize  those  things  upon  which  we 
are  united.  If  we  deliberate  in  this  spirit,  I  hope 
we  shall  find  a  formula  which,  without  ignoring  the 
difficulties  which  we  all  understand,  shall  at  least 
express  the  thought  that  a  limitation  of  armaments 
would  be  a  benefit  for  humanity,  and  this  will  give 
to  the  Governments  that  moral  support  which  is 
necessary  for  them,  if  they  are  to  still  further  pursue 
this  noble  object.  Gentlemen,  the  object  of  civiliza- 
tion seems  to  us  to  be  to  abolish  more  and  more  the 
struggle  for  life  between  men,  and  to  put  in  its  stead 
an  accord  between  them  for  the  struggle  against  the 
unrelenting  forces  of  matter.  This  is  the  same 
thought  which,  upon  the  initiative  of  the  Emperor 
of  Russia,  it  is  proposed  that  we  should  promote  by 
international  agreement.     If  sad  necessity  obliges  us 


!)()        THE   PEACE   CONFERENCE   AT   THE   HAGUE 

Chapter  III  to  roiiouiice  foi'  tlio  iiioiiient  an  immediate  and  posi- 
tive engagement  to  carry  out  this  idea,  we  should  at 
least  attempt  to  show  public  opinion  that  we  have 
sincerely  examined  the  i)roblem  presented  to  us. 
"We  shall  not  have  labored  in  vain  if  in  a  formula 
of  general  terms  we  at  least  indicate  the  goal  to  be 
approached,  as  we  all  hope  and  wish,  by  all  ciA^lized 
nations." 

M.  Bourgeois  then  moved  the  adoption  of  the  fol- 
lowing resolution :  — 

Resolution  on      u  r^^L^  Committee  considers  that  a  limitation  of  the 

the  Iniiitation 

of  armaments,  niilitary  cliargcs  which  now  weigh  upon  the  world  is 
greatly  to  be  desired  in  the  interests  of  the  material 
and  moral  welfare  of  humanity."  This  resolution 
was  adopted  unanimously. 

M.  Delyannis  of  Greece  next  read  a  statement 
explaining  the  non-committal  attitude  of  his  Govern- 
ment toward  the  Russian  proposals. 

The  Report.  Tlic  secoud  sul>committee,  to  which  the  naval 
propositions  were  referred,  made  a  report  similar  to 
that  of  the  first  sub-committee,  so  far  as  the  limita- 
tions of  naval  budgets  was  concerned,  and  the  full 
Committee  resolved  that  the  resolution  presented  by 
M.  Bourgeois  applied  equally  to  both  Russian  pro- 
posals. After  requesting  Jonkheer  van  Karnebeek  to 
draw  up  the  report  of  the  Conmiittee  to  the  Confer- 
ence, the  Committee  adjourned,  and  the  further 
discussion  upon  the  question  of  the  limitation  of 
armaments  took  place  in  the  full  Conference. 

At  the  last  meeting  of  the  First  Committee,  on 
July  17,  when  the   report  to    be   j^resented   to    the 


LIMITATIOX  OF  ARMAMENTS  91 

Conference   was   under  consideration,   the   following  Chapter  ni 
statement,    drawn    up    by    the    Commission    of    the 
United  States  of  America,  was  read  :  — 

'"The  delegation  of  the  United  States  of  America  statement  dn 

,      .  ,  T       .  1  /•  behalf  of  the 

have  concurred  ni  the  conclusions  upon  the  iirst  united  states 
clause  of  the  Russian  letter  of  December  oO,  1898,° 
presented  to  the  Conference  by  the  First  Committee, 
namely :  that  the  proposals  of  the  Russian  represen- 
tatives for  fixing  the  amounts  of  effective  forces  and 
of  budgets,  military  and  naval,  for  periods  of  five 
and  three  years,  cannot  now  be  accepted,  and  that  a 
more  profound  study  on  the  part  of  each  State  con- 
cerned is  to  be  desired.  But  while  thus  supporting 
what  seemed  to  be  the  only  practicable  solution  of  a 
question  submitted  to  the  Conference  by  the  Russian 
letter,  the  delegation  wishes  to  place  upon  the  record 
that  the  United  States  in  so  doing  does  not  express 
any  opinion  as  to  the  course  to  be  taken  by  the 
States  of  Europe.  This  declaration  is  not  meant  to 
indicate  mere  indifference  to  a  difficult  problem, 
because  it  does  not  affect  the  United  States  immedi- 
ately, but  expresses  a  determination  to  refrain  from 
enunciating  opinions  upon  matters,  into  which,  as 
they  concern  Europe  alone,  the  United  States  has 
no  claim  to  enter.  The  resolution  offered  by  M. 
Bourgeois  and  adopted  by  the  First  Committee  has 
also  received  the  hearty  concurrence  of  this  delega- 
tion, because  in  so  doing  it  expresses  the  cordial  in- 
terest and  sympathy  with  which  the  United  States, 
while  carefully  abstaining  from  anything  that  might 
resemble  interference,   regards  all    movements   that 


1)2 


I'lIE   PEACE    CON EE HENCE   AT    THE    HAGUE 


Chapter  III  are  tliouglit  to  tend  to  the  welfare  of  Europe.  The 
military  and  naval  armaments  of  the  United  States 
are  at  present  so  small,  relatively,  to  the  extent  of 
territory  and  the  number  of  the  population,  as  well 
as  m  comparison  with  those  of  other  nations,  that 
their  size  can  entail  no  additional  burden  or  expense 
upon  the  latter,  nor  can  even  form  a  subject  for 
j)rofitable  mutual  discussion." 


Further  study  The  Conference  subsequently  unanimously  adopted 
question.  the  rcsolutiou  proposcd  by  the  First  Committee  on 
the  motion  of  M.  Bourgeois,  and  the  entire  subject 
was  thus  relegated  to  the  further  study  of  the  various 
Governments.  It  should  not  be  forgotten  that  an 
agreement  to  limit  armaments  is  in  effect  a  promise 
to  be  more  or  less  unready  in  what  may  be  a  supreme 
crisis  of  national  life  or  national  honor.  So  long;  as 
the  fear  of  such  crises  may  reasonably  enter  into  the 
daily  thoughts  and  the  serious  plans  of  even  the  most 
peaceable  and  highly  civilized  of  nations,  there  can 
be  little  hope  even  for  a  further  study  of  the 
question. 

The  effective  federation  of  the  civilized  world  for 
purposes  of  international  justice,  and  the  conviction, 
possible  perhaps  only  after  years  of  experience,  that 
in  the  twentieth  century  international  differences 
can  be  settled  by  peaceable  means  more  frequently 
than  ever  before,  will  alone  suffice  to  reassure  the 
nations  of  the  world  sufficiently  to  permit  the  relax- 
ino;  of  efforts  which  even  the  warmest  friends  of 
peace  cannot,  in  the  meanwhile,  wholly  condemn. 


Its  probable 
effect. 


THE    WORK  OF   THE   FIRST   COMMITTEE  93 

The  Humanizing  of  War  Chapter  hi 

The  second,  third,  and  fourtli  clauses  of  the  circu- 
lar of  Count  Mouravieff  of  December  30,  1898,  treat- 
ing of  the  humanizing  of  war,  were  also  referred  to 
the  First  Committee  of  the  Conference,  which  in  turn 
referred  the  second  and  third  paragraphs  to  its  mili- 
tary sub-committee,  and  the  fourth  paragraph  to  its 
naval  sub-committee. 

The  military  sub-committee  in  consequence  had 
charge  of  the  subjects  of  powders  and  explosives, 
field  guns,  balloons,  and  muskets,  as  well  as  bullets, 
although,  as  Captain  Crozier  remarks  in  his  report  to 
the  American  Commission,  it  would  have  appeared 
more  logical  to  consider  them  under  the  seventh 
numbered  article  of  the  circular,  referring  to  the  dec- 
laration concerning  the  laws  and  customs  of  war, 
made  by  the  Brussels  Conference  in  1874. 

The  report  of  the  military  sub-committee  was  sub- Report  of  the 

/  J^  1         p        1      Military  Sub- 

mitted   by    General    Den    Beer    Poortugael    of    the  Committee. 

Netherlands,  and  it  was  most  ably  and  lucidly 
summarized  for  the  Commission  of  the  United  States 
of  America  by  Captain  Crozier,  the  American  repre- 
sentative on  the  Committee.  The  Russian  represen- 
tative was  Colonel  Gilinsky,  and  the  propositions  for 
discussion  were  for  the  most  part  presented  by  him 
in  the  name  of  his  Government,  so  that  upon  him 
generally  devolved  the  duty  of  explaining  and  sup- 
porting the  propositions  in  the  first  instance. 

Upon  the  subject  of  powders,  by  which  term  the  Powders, 
propelling  charge  of  projectiles  as  distinguished  from 


94        THE    PEACE    CONFERENCE   AT    THE    HA  CUE 

Chapter  III  tlio  bursting  charge,  was  meant,  the  proposition  was 
an  agreement  not  to  make  use  of  any  more  powerful 
powders  tliau  tliose  employed  at  present,  both  for 
field  guns  and  muskets.  Upon  this  subject  Captain 
Crozier  declared  that  the  prohibition  of  the  adoption 
of  more  powerful  powders  than  those  actually  in  use 
might  easily  work  against  one  of  the  objects  of  the 
Russian  proposition,  namely :  economy.  A  powder 
being  powerful  in  proportion  to  the  production  of 
gas  furnished  by  the  charge  and  the  atmosphere  of 
combustion,  it  might  be  easy  to  produce  powder 
which,  while  furnishing  a  greater  volume  of  gas  at  a 
lower  temperature  of  combustion,  might  be  more 
powerful  than  any  powder  now  actually  in  use,  and 
yet,  at  the  same  time,  on  account  of  the  lower  tem- 
perature, it  might  injure  the  musket  much  less,  and 
thus  increase  the  latter's  durability. 

The  point  made  by  the  American  representative 
was  so  well  taken  that  the  proposition  was  unani- 
mously rejected. 

Mining  shells      As  to  cxplosives  or  the  bursting  charge  of  projec- 
tor field  .,  .   .  ,  ,^,        „ 

artillery.  tilcs,  two  propositious  wcrc  made.  Ihe  nrst  was  an 
agreement  not  to  make  use  of  mining  shells  for  field 
artillery.  After  a  brief  discussion  the  proposal  was 
rejected  by  a  vote  of  eleven  to  ten,  the  minority 
being  made  up  of  the  States  of  Belgium,  Denmark, 
Netherlands,  Persia,  Portugal,  Servia,  Russia,  Siam, 

High  expio-  Switzerland,  and  Bulgaria.  The  second  proposition 
was  not  to  make  use  of  any  new  explosives  of  the 
class  known  as  high  explosives.  This  proposition 
was,  after  a  short  discussion,  rejected  by  a  vote  of 


HUMANIZING   OF    WAR  95 

twelve  to  nine  —  the  majority  being  made  up  of  Ger- chapter  iii 
many,  United  States  of  America,  Austria-Hungary, 
Denmark,  Spain,  France,  Great  Britain,  Italy,  Japan, 
Roumania,  Sweden  and  Norway,  and  Turkey. 

On  the  subject  of  field  guns,  the  proposition  was  Field  guns, 
for  the  Powers  to  agree  that  no  field  material  should 
be  adopted  of  a  model  superior  to  the  best  material 
now  in  use  in  any  country  —  those  countries  having 
material  inferior  to  the  best  now  in  use  retaining  the 
privilege  of  adopting  such  best  material.  This  propo- 
sition was  rejected  by  a  inianimous  vote,  witli  the 
exception  of  two  abstentions,  namely :  Russia  and 
Bulgaria. 

On  the  subject  of  balloons,  the  sub-committee  first Tiuowins 
voted  a  23erpetual  prohibition  of  their  use,  or  that  of  explosives 
similar  new  machines,  for  throwing  projectiles  qj.  ^''om  balloons, 
explosives.  In  the  full  Committee,  on  motion  of 
Captain  Crozier,  the  prohibition  was  unanimously 
limited  to  cover  a  period  of  five  years  only.  The 
action  taken  w^as  for  humanitarian  reasons  alone, 
and  was  founded  upon  the  opinion  that  balloons,  as 
they  now  exist,  form  so  uncertain  a  means  of  injury, 
that  they  cannot  be  used  with  accuracy.  The  per- 
sons or  objects  injured  by  throwing  explosives  may 
be  entirely  disconnected  from  the  conflict,  and  such 
that  their  injury  or  destruction  would  be  of  no  prac- 
tical advantage  to  the  party  making  use  of  the  ma- 
chines. The  limitation  of  the  prohibition  to  five 
years'  duration  preserves  liberty  of  action  inider  such 
changed  circumstances  as  may  be  produced  by  the 
progress  of  invention. 


96        THE   PEACE    CONFERENCE   AT   THE    HAGUE 

Chapter  III  Regarding  muskets,  the  Russian  i:)roposition  was 
Muskets  and  tliat  uo  Powers  should  change  their  existing  type  of 
small  arms.  This  proposition  differed  essentially 
from  the  one  regarding  field  guns,  which  permitted 
all  Powers  to  adopt  the  most  perfect  material  now  in 
existence;  the  reason  for  the  difference  was  explained 
by  the  Russian  representative,  to  be,  that,  whereas 
there  was  a  great  difference  in  the  excellence  of  field 
artillery  material  now  in  use  in  the  different  coun- 
tries, that  they  all  adopted  substantially  the  same 
musket,  and  ])eing  on  an  equal  footing,  the  present 
would  be  a  good  time  to  cease  making  changes.  The 
object  of  the  proposition  was  stated  to  l)e  purely  eco- 
nomical. It  was  explained  that  the  prohibition  to 
adopt  a  new  type  of  musket  was  not  intended  to  pre- 
vent the  improvement  of  existing  types ;  but  this 
immediately  called  forth  a  discussion  as  to  what  con- 
stituted a  type,  and  what  improvements  might  be 
made  without  falling  nnder  the  prohibition  of  not 
changing  it.  Efforts  were  made  to  cover  this  point 
by  specifying  details,  snch  as  initial  velocity,  weight 
of  the  projectiles,  etc.,  also  l)y  a  proposition  to  limit 
the  time  for  which  the  prohibition  should  hold,  but 
no  agreement  could  be  secured. 
The  attitude  Captain  Crozicr,  on  behalf  of  the  United  States  of 
of  the  United  America,  stated  early  in  the  discussion  the  attitude  of 

States  "  '^ 

toward  such    America,  namely :   that  it  did  not  consider  limitations 

questions.  .  .   .  .  .  , 

in  regard  to  the  use  of  military  inventions  to  be  con- 
ducive to  the  peace  of  the  world,  and  for  that  reason 
propositions  for  such  a  limitation  would  not  gener- 
ally be  supported  h\  the  iVmerican  representatives. 


HUMANIZING   OF   WAR  97 

A  separate  vote  was  taken  on  the  question  whether  Chapter  in 
the  Powers  should  agree  not  to  make  use  of  auto- Automatic 
matic  muskets.  In  the  words  of  Captain  Crozier, '""'^'^^'*''" 
"As  this  may  be  taken  as  a  fair  example  of  the  class 
of  improvements  which,  although  they  may  have 
reached  such  a  stage  as  to  be  fairly  before  the  world, 
have  not  yet  been  adopted  by  any  nation,  an  analysis 
of  the  vote  taken  upon  it  may  be  interesting  as  show- 
ing the  attitude  of  the  different  Powers  in  regard  to 
such  questions."  The  States  voting  in  favor  of  the 
prohibition  were,  Belgium,  Denmark,  Spain,  Nether- 
lands, Persia,  Russia,  Siam,  Switzerland,  and  Bulgaria, 
(9).  Those  voting  against  it  were,  Germany,  United 
States  of  America,  Austria-Hungary,  Great  Britain, 
Italy,  Sweden  and  Norway,  (G).  Those  abstaining 
were,  France,  Japan,  Portugal,  Roumania,  Servia, 
and  Turkey,  (6).  From  this  statement  it  may  be 
seen  that  none  of  the  Great  Powers,  except  Russia, 
w^as  willing  to  accept  restrictions  in  regard  to  mili- 
tar}^  improvements,  when  the  question  of  increase  of 
efficiency  was  involved,  and  that  OY\\y  one  great 
Power,  France,  abstained  from  expressing  an  opinion 
upon  the  subject. 

In  the  full  Committee,  after  the  failure  of  another 
effort  to  secure  the  adoption  of  the  proposition,  it  was 
agreed  that  the  subject  should  be  relegated  to  the 
future  consideration  of  the  different  Governments. 

The  question  was  also  raised  as  to  whether  there  New  methods 
should  be  an}^  agreement  in  regard  to  the  use  of  new  ° 
means  of  destruction,  which  might  possibly  have  a 
tendency  to  come  into  vogue  —  such  as  those  depend- 


98        THE   PEACE    CONFERENCE   AT    THE    HAGUE 

Chapter  III  iiig  upoii  electricitj  and  chemistry.  The  Russian 
representative  declared  that  his  Government  was  in 
favor  of  prohibiting  the  use  of  all  such  instrumentali- 
ties, because  of  the  fact  that  the  means  of  destruction 
at  present  employed  were  quite  sufficient ;  but  after 
a  short  discussion  this  question  was  also  put  aside 
for  future  consideration  on  the  part  of  the  different 
Powers. 

Expanding  Bullets 

The  subject  of  unnecessarily  cruel  bullets  gave  rise 
to  more  active  debate,  and  developed  more  radical 
differences  of  opinion  than  any  other  considered  by 
the  First  Committee.  The  proposition  which  was 
finally  adopted  is  as  follows  :  — 

''  The  use  of  bullets  which  expand  or  flatten  easily 
in  the  human  body,  such  as  jacketed  bullets  of  which 
the  jacket  does  not  entirely  cover  the  core,  or  has  in- 
cisions in  it,  should  be  forbidden." 

When  this  proposition  was  first  presented  to  the 

full    Committee   by  the   military  sub-committee,  on 

June  22,  Sir  John  Ardagh  of  Great  Britain  read  the 

following  declaration  :  — 

Declaration  of      "  I  ask  pemiissiou  to  offcr  to  the  High  Assembly 

Great  Britaiu  .  ,  i  i   • 

as  to  Bum  somc  obscrvatious  and  explanations  on  the  subject 
which  has  already  been  voted  upon  —  the  question 
of  bullets.  In  the  session  of  May  31,  an  article 
was  accepted  by  a  large  majority,  against  the  use 
of  bullets  with  a  hard  jacket,  of  which  the  jacket 
does  not  cover  the  entire  core,  but  has  incisions  in 
it.     It  seems  to  me  that  the  use  of  words  describintj; 


Duiu  bullets. 


EXPANDING  BULLETS  99 

technical  details  of  construction  will  have  the  effect  chapter  iii 
of  rendering  the  prohibition  somewhat  too  general, 
and  result  in  its  beino;  disresrarded,  and  that  it  will 
not  seem  to  admit  an  exception  for  which  I  wish 
to  provide,  namely:  the  construction,  in  the  present 
or  in  the  future,  of  a  projectile  with  a  sufficient 
force  to  stop  an  individual  wdio  has  been  hit  and 
to  put  him  out  of  the  struggle  immediately,  and 
which  thus  fulfils  the  indispensable  requirements 
of  war,  without  at  all  occasioning  useless  suffering. 
The  completely  jacketed  bullet  of  our  Lee-Metford 
rifle  is  deficient  in  this  regard.  It  has  been  proven 
that  in  one  of  our  small  wars  in  India  a  man  per- 
forated live  times  by  these  bullets  was  still  capable 
of  walking  to  the  English  hospital  at  a  considerable 
distance  for  the  purpose  of  having  his  wounds 
dressed.  After  the  battle  of  Omdurman,  quite  re- 
cently, it  was  shown  that  the  greater  number  of 
the  Dervishes  who  were  wounded,  but  who  had 
still  saved  themselves  by  flight,  had  been  hit  by 
small  English  bullets,  at  tlie  same  time  when  the 
Remington  and  Martini  bullets  of  the  Egyptian 
army  were  sufficient  to  put  the  soldier  hors  de  com- 
hat.  It  was  necessary  to  And  a  more  efficacious 
means  of  warfare,  and,  with  this  object  in  view,  the 
projectile  known  under  the  name  of  the  Dum  DumTheDum 
bullet  was  manufactured  in  India,  at  the  arsenal  of 
that  name  near  Calcutta.  In  the  Dum  Dum  bullet, 
the  jacket  ends  by  leaving  a  small  piece  of  the 
core  uncovered.  The  effect  of  this  modification  is 
to  produce  a  certain  extension  or  convexity  of  the 


100     rilE   PEACE   CONFERENCE   AT   THE   HAGUE 

Chapter  III  poiiit,  aiicl  to  givG  a  foFce  iiiore  pronounced  than 
ThoDiim  that  of  the  bullet  which  is  completely  jacketed,  at 
the  same  time,  however,  less  effective  than  that  of 
the  Enfield,  Snider,  or  Martini  bullets,  all  of  which 
have  greater  calibre.  The  wounds  made  by  this 
Dum  Dum  bullet  suffice  ordinarily  to  give  a  stop- 
ping shock  and  to  place  a  soldier  Itors  de  combat, 
but  their  effect  is  by  no  means  calculated  to  cause 
useless  suffering. 

"  I  wish  to  explain  how  the  Dum  Dum  bullet 
gained  a  bad  reputation  in  Europe.  It  is  on  account 
of  certain  experiments  which  were  made  with  bullets 
having  a  shortened  jacket,  which  did  not  resemble, 
in  construction  or  in  effect,  the  Dum  Dum  bullets. 
I  speak  of  the  experiments  made  at  Tubingen,  by 
Professor  Bruns,  of  which  a  report  was  published  in 
the  BeltrcKje  zur  Kluiischen  Chirurgie,  at  Tiibingen,  in 
1898.  The  bullet  which  was  used  in  these  experi- 
ments had  a  leaden  point  about  one  diameter  longer 
than  the  hard  jacket,  and,  by  consequence,  the  flat- 
tening and  extension  when  discharged  was  consid- 
erable, and  the  wounds  were  excessively  severe  — 
in  fact,  frightful.  These  experiments  proved  that 
a  bullet  of  which  the  flattened,  leaden  point  is 
entirely  unprovided  with  a  hard  jacket  works,  in 
a  certain  sense,  like  an  explosive  bullet,  and  pro- 
duces a  terrible  effect ;  but  that  cannot  be  accepted 
as  evidence  against  the  Dum  Dum  bullet,  which  has 
an  entirely  different  construction  and  effect.  At  the 
same  time,  it  is  a  fact  that  the  erroneous  conception 
formed  in  Europe  about  the  character  of  the  latter 


EXPANDING   BULLETS  101 

is  entirely  due    to  can   idea  which    is  entirely  false,  Chapter  ni 
namely,  that  the  two  proiectiles  are  almost  identical  Erroneous 

.  ,  ,     .  11       •  coneeptioa 

in  construction.  Several  niterpellations  were  made  aimut  the 
in  the  English  Parliament  on  the  subject  of  the  hnHlt. "™ 
Dum  Dum  bullet,  and  lately,  on  the  5th  of  Jinie, 
the  Secretary  of  State  for  India,  in  response  to  a 
question  about  the  Dum  Dum  bullet,  declared  that 
the  Government  of  Her  Majesty  could  see  no  reason 
to  inquire  of  the  Government  of  India  regarding  the 
Dam  Dum  bullet,  and  he  added  that  he  would  pre- 
sent the  House  of  Commons  the  reports  of  the 
experiments  with  that  projectile. 

"  It  is  hardly  necessary  to  affirm  that  public  opin- 
ion in  England  would  never  sanction  the  employ- 
ment of  a  projectile  calculated  to  cause  useless 
sufferings,  and  that  every  projectile  of  this  charac- 
ter is  condemned  in  advance ;  but  Ave  claim  the 
right  and  we  recognize  the  duty  to  furnish  our 
soldiers  with  a  projectile  upon  the  effect  of  which 
they  may  rely  —  a  bullet  which  will  suffice  to  stop 
a  charge  of  the  enemy  and  to  put  him  hors  de  com- 
bed immediately.  Heretofore  this  result  was  accom- 
plished by  spherical  bullets  of  the  old  muskets, 
which  had  a  diameter  of  twenty  millimetres,  by 
the  bullets  of  the  Enfield,  with  fourteen  millimetres, 
and  those  of  the  Martini,  with  twelve  millimetres. 
No  objection  upon  humanitarian  grounds  were  ever 
made  against  the  bullets  of  these  muskets.  Our 
present  musket  —  the  Lee-Metford  —  has  a  calibre 
of  only  eight  millimetres.  The  transverse  section 
of  this  bullet,  which  is  entirely  covered  by  a  jacket, 


102     THE  PEACE    CONFERENCE   AT   THE    HAGIJE 

ciiai.t.r  III     is  only  about  one-half  of  that  of  the  Martini  bullet, 
Krroiicous      and  oue-sixtli  of  the  spherical  bullet.     It  is,  there- 

(■(inct'ptioii         -  ••ill  1  1 

about  the  fore,  not  surprisnig  that  they  produce  so  much 
bullet.  ""  lighter  a  shock.  In  fact,  it  has  been  clearly  proven 
that  our  bullet,  which  is  completely  jacketed  and 
which  is  now  actuall}^  in  use  in  the  English  army, 
does  not  give  snfhcient  protection  to  our  soldiers 
against  the  charge  of  a  determined  enemy ;  and 
we  desire  to  reserve  our  entire  liberty  on  the  sub- 
ject of  modifications,  to  be  introduced  in  the  con- 
struction of  either  the  jacket  or  the  core,  for  the 
purpose  of  producing  a  shock  necessary  to  place  a 
soldier  Itors  de  combat  without  occasioning  an  aggra- 
vation of  useless  suffering.  This  is  our  point  of 
view,  and  for  this  reason  w^e  cannot  accept  the 
wording  of  the  prohibition  voted  by  the  majority 
of  the  committee  on  the  first  reading,  and  which 
imposes  a  technical  limit  of  details  of  construction. 
At  the  same  time,  I  wish  to  repeat  that  we  are 
completely  in  accord  with  the  humanitarian  prin- 
ciples announced  in  the  Convention  of  St.  Peters- 
burg, and  that  we  undertake  to  observe  them,  not 
only  according  to  the  letter,  but  according  to  the 
spirit,  in  seeking  the  model  we  shall  adopt. 

'^  I  can  assure  this  High  Assembly  that  it  is  very 
disagreeable  to  me  to  find  myself  compelled  by  the 
reasons  which  I  have  just  given  to  vote  against  a 
formula  inspired  by  principles  with  wdiich  I  am  in 
hearty  accord,  but  I  still  have  the  hope  that  it  w^ill 
be  possible  to  adopt  by  unanimous  vote  a  wording 
which  shall  leave  aside  technical  details  and  those  of 


EXPANDING  BULLETS  10.", 

construction,  but  which  shall  confirm  the  prmciples  Chapter  ni 
upon  which  we  are  all  agreed  —  the  principles  set 
forth  in  the  Convention  of  St.  Petersburg,  namely : 
the  prohibition  of  the  use  of  bullets  with  the  effect 
of  aggravating  uselessly  the  sufferings  of  soldiers 
hors  de  cotiibat  or  of  rendering  their  death  inevi- 
table." 

Captain  Crozier  supported  the  position  of  Sir  John  Captain 
Ardagh,  and  deprecated  the   attempt    to  cover  the  Ameudment. 
principle  of  prohibition  of  bullets  producing  unneces- 
sarily cruel  wounds  by  specification  of  details  of  con- 
struction of  the  bullets,  and  he  proposed  the  following 
formula  as  an  amendment :  — 

"  The  use  of  bullets  inflicting  wounds  of  useless 
cruelty,  such  as  explosive  bullets,  and  in  general 
every  kind  of  bullets  which  exceeds  the  limit  neces- 
sary for  placing  a  man  hors  de  combat,  should  be 
forbidden." 

The  committee  however  adhered  to  the  orio;inal 
proposition,  without  even  voting  upon  the  amend- 
ment proposed  by  Captain  Crozier,  the  vote  standing 
twenty  to  two  —  the  latter  being  Great  Britain  and 
the  United  States  of  America,  and  one  abstention 
(Portugal).  China,  Mexico,  and  Luxemburg  were 
not  represented  on  the  committee. 

With   a  view  to   securing  unanimity,  if  possible.  Discussion 
on  this  subject,  an  informal  meeting  took  place  onJonkScrvan 
Julv  8,  at  the   Hotel  des   Indes   between   Jonkheer  ^''^'"^^'^''^ 

^  and  the 

van  Karnebeek,  the  reporter  of  the  committee  which  British 
dealt  with  arms  and  explosives,  and  Lord  Paunce- 
fote.    Sir   Henry   Howard,    Sir    John   Ardagh,    and 


Delegates. 


104     THE   PEACE   CONFERENCE   AT   THE   HAGUE 

Chapter  III  Coloiiel  a  Court,  the  immediate  object  being  to 
Disoiissioii  discuss  the  form  of  the  report  and  the  manner  in 
.loiikhecr  van  which  it  was  to  bc  dealt  with  by  the  Conference/ 
Karnebeek  Jonkhccr  Van  Kamebcek  thought  that  the  pro- 
British  hibition  of  expanding;  bullets  miy-ht  be  put  in  the 
form  of  additional  Articles  to  the  St.  Petersburg 
Convention. 

He  pointed  out  that  as  that  Convention  was  only 
binding  upon  the  signatory  and  acceding  States,  it 
was  not  applicable  to  the  savage  warfare  in  which 
Great  Britain  and  other  States  were  frequently  en- 
gaged, and  it  would  not  debar  the  use  of  projectiles 
of  a  most  effective  stopping  character  in  those  wars. 
He  also  stated  that  he  understood  that  the  experts 
were  of  opinion  that  what  was  gained  in  stopping 
power  was  lost  in  penetrating  power,  and  that  the 
Dutch  troops,  in  savage  warfare,  attached  importance 
to  the  penetrating  power,  as  it  enabled  the  fully 
mantled  bullets  to  reach  their  foes  beyond  the  shelter 
of  jungles  and  stockades,  which,  with  the  earlier  form 
of  bullet,  proved  to  be  a  protection  which  was  not 
penetrated ;  and  he  said  that  the  Dutch  troops  were 
quite  satisfied  with  their  new  fully  mantled  bullet. 
He  also  urged  that  if  the  British  Delegates  acceded 
to  the  prohibition  A^oted  by  the  majority,  they  would 
only  place  themselves  in  exactly  the  same  position 
as  the  acceding  Powers,  if  they  should  be  at  war 
with  any  of  them,  and  he  laid  great  stress  upon  the 
provisions  contained  in  the  last  two  paragraphs  but 

1  A  full  account  of  this  meeting,  by  Sir  John  Ardagh,  will  be 
found  in  the  British  Blue  Book  (Miscellaneous,  No.  1,  1S99),  p.  160. 


EXPANDING   BULLETS  lOo 

one  of  the  Convention  of  St.  Petersburg  to  which  thechapid-  iii 
prohibition  would  be  cattached.     lie  hoped,  tlierefore, 
that  the  British  Government  might  see  fit  to  conform 
to  the  views  of  the  majority. 

Lord  Pauncefote  repUed  tliat  his  instructions  did  Adherence  of 

.  (Ireat  Brilaiii 

not  admit  oi  his  acceding  to  the  text  ado])ted  to  tiu- 
by  the  majority,  which  was  a  condemnation  of  pro-f,Iv"ive,i. 
jectiles  which  British  experts  declared  did  not  pro- 
duce unnecessary  suffering,  and  added  that  the 
British  Delegates  had  declared  their  entire  adherence 
to  the  humanitarian  principles  of  the  St.  Petersburg 
Convention. 

Sir  John  Ardagh  said  that  it  had  been  represented 
by  responsible  officers  that  the  present  British  fully 
mantled  bullet  was  not  sufficient  to  stop  a  charge  of 
cavalry  or  a  rush  of  fanatics,  that  even  the  savage 
enemies  of  England  looked  on  it  with  contempt,  and 
that  the  British  military  authorities  were  firmly  con- 
vinced that  it  was  their  duty  to  give  the  soldier  an 
arm  on  which  he  could  rely.  They  were  not  alto- 
gether satisfied  with  the  modified  bullets  which  had 
been  tried,  and  intended  to  make  further  experi- 
ments, with  a  view  to  producing  a  bullet  which  shall 
comply  with  the  military  as  well  as  the  humanitarian 
requirements. 

There  were  several  texts  to  which  they  were  pre- 
pared to  accede.  There  was  the  Austrian  text  of 
Colonel  Khuepach,  the  American  text  of  Captain 
Crozier,  the  text  comprised  in  the  last  paragraph  of 
Sir  John  Ardagh's  declaration,  and  the  language  of 
the  Convention  of  St.  Petersburg ;  but  to  the  actual 


10()     THE   PEACE    CONFERENCE   AT   THE    HAGUE 

ciiupter  111  text,  as  voted,  he  thouglit  it  was  most  improbable 
that  their  Government  could  —  even  with  the  argu- 
ments and  limitations  of  Jonkheer  van  Karnebeek  — 
be  persuaded  to  agree. 

Sir  Henry  Howard  suggested  that  the  Report  might 
state  that  it  had  been  found  impossible  to  arrive  at 
unanimity  on  the  text  which  had  been  voted  by  the 
majority,  l)ut  that  all  were  agreed  upon  the  accept- 
ance of  the  humanitarian  principle  enunciated  in  the 
other  texts  which  had  Ijeen  considered. 

Jonkheer  van  Karnebeek  said  that  in  his  position 
as  Reporter,  he  was  bound  to  give  prominence  to 
the  vote  of  the  majority. 
Disagreement  Lord  Pauucefotc  thanked  Jonkheer  van  Karne- 
of  statement,  bcck  for  the  paius  which  he  had  taken  in  endeavor- 
ing to  reconcile  divergent  views,  and  promised  to 
lay  his  suggestions  before  Her  Majesty's  Govern- 
ment. He  could  not,  however,  under  his  present 
instructions,  hold  out  any  hope  of  withdrawal  from 
the  position  which  they  maintained,  and  he  feared 
that  persistence  in  adhering  to  the  text  voted  by  the 
majority,  when  the  matter  came  before  the  Plenary 
Conference,  would  result  in  Her  Majesty's  Govern- 
ment refusing  to  accede  —  not  on  the  ground  of  prin- 
ciple, for  in  that  they  were  all  in  accord  —  l3ut  on 
account  of  these  technical  details  of  construction 
which  might  prove,  both  now  and  in  the  future, 
extremely  embarrassing  to  those  who  were  endeavor- 
ing to  solve  this  difficult  problem. 

Captain  Crozier,  with  the  approval  of  the  Ameri- 
can Commission,  and  in   its  name,  proposed   to  the 


EXPANDING   BULLETS  107 

full  Conference,  at  its  session  on  July  21,  the  above- Chapter  iii 
mentioned  formula  as  an  amendment  to  the  propo- Further 
sition   suljmitted    by  the    First    Committee,   for   thel'ji'pt'aiil"""" 
reason  that  the  record  liad  Ijeen  left  in  a  most  un- \'""^"'!' "^    . 

Anit'uument. 

satisfactory  state  by  the  action  of  the  Committee  — 
Great  Britain  and  the  United  States  appearing  most 
unjustly  to  oppose  a  proposition  of  humanitarian 
intent,  without  indicating  that  the  American  Gov- 
ernment not  only  stood  ready  to  support,  but  had 
even  proposed  by  its  representative,  a  formula  which 
was  believed  to  meet  the  requirements  of  humanity 
much  better  than  the  one  adopted  by  the  Committee. 
In  supporting  his  amendment  Captain  Crozier  made 
the  following  address  :  — 

''The  general  principle  touching  the  subject  was  Speech  of 
well  stated  at  St.  Petersburg  in  1868,  viz. .  that  justi-cr^^''* 
fiable  limits  would  be  passed  by  'the  use  of  arms 
which  would  aggravate  uselessly  the  sufferings  of  men 
already  placed  hors  de  comhat,  or  would  render  their 
death  inevitable.'  The  Convention  of  St.  Petersburg 
then  proceded  to  declare  the  proscription  of  the  only 
violation  of  the  principle  then  in  view,  i.e.  the  use 
of  explosive  projectiles  of  weight  below  400  grammes. 

"  It  is  now  desired  to  extend  the  prohibition  to 
other  than  explosive  bullets,  having  in  view  efforts 
to  increase  the  shock  produced  by  the  bullets  of 
small  calil)res  now  in  use,  or  of  the  still  smaller 
calibres  which  may  come.  In  formulating  the  pro- 
hibition, what  is  the  object  to  be  kept  in  view  ? 
Evidently  to  forbid  everything,  which,  in  the  direc- 
tion of  cruelty,  goes  beyond  necessity.     And   what 


;rozier. 


108     THE   PEACE    CONFERENCE  AT   THE   HAGUE 

(•ii;ii.trr  111  is  necessity?  The  declaration  of  St.  Petersburg 
Speech  (.f  saj's  :  '  It  is  sufficient  to  place  Itors  de  combat  the 
crozier'.  greatest  number  of  men  possible.'  My  honorable 
colleague,  the  delegate  from  Russia,  has  stated  here, 
that,  ^  the  object  of  war  is  to  put  men  Jiors  de  com- 
hat.'  For  military  men  there  can  be  but  one  answer 
to  the  question,  that  the  man  hit  by  a  bullet  shall 
be  placed  hors  de  combat;  and  with  this  object,  and 
the  prohibition  of  everything  beyond  it  in  view,  I 
propose  the  amendment,  Avhieli  states  directly  what 
is  admissible  and  all  that  is  admissible. 

'•'  It  has  also  been  stated  that  '  ordinary  bullets 
suffice  to  place  hors  de  cowhat ' ;  there  are  differences 
of  opinion  as  to  this,  as  covering  all  cases.  I  can 
speak  of  them  freely  because  the  United  States  are 
satisfied  wdtli  their  bullet,  and  see  no  reason  for 
changing  it ;  but  whatever  may  be  the  case  with  the 
bullets  actually  in  use,  no  one  can  say  what  it  will 
be  if  the  decrease  of  calibre,  which  the  Conference 
has  not  limited,  shall  continue.  And  here  we  see 
the  weak  point  of  the  article,  which  confines  the 
prohibition  to  a  single  class,  viz.  :  bullets  which 
expand  or  flatten,  and  gives  as  illustration  certain 
details  for  construction  :  — 
Criticism  of         " '  Tlic    usc    of    bullcts   wliicli    cxpaud    or   flatten 

the  iirtii'le  as  .1       •  i         i  it  •       ^  ^     ^      ^^ 

proposed.  casily  lu  the  human  body,  such  as  jacketed  bullets, 
of  which  the  jacket  does  not  entirely  cover  the  core, 
or  contains  incisions,  should  be  forbidden.' 

'•  The  advantages  of  the  small  calibre  are  ^vell 
known,  —  flatter  trajectory,  greater  danger  space,  less 
recoil,  and,  particularly,  less  weight  of  ammunition ; 


EXPANDING   BULLETS  109 

and  if  any  nation  shall  consider  them  sufficiently  Chapter  in 
great  to  wish  to  pass  to  a  smaller  calibre,  which  is 
to  be  regarded  as  quite  possible,  her  military  experts 
will  at  once  occupy  themselves  witli  a  method  of 
avoiding  the  principal  disadvantage  —  the  absence 
of  shock  produced  by  the  bullet.  In  devising  means 
to  increase  the  shock  they  will  naturally  examine 
the  prohibitions  which  have  been  imposed,  and  they 
will  lind  that  with  the  exception  of  the  two  classes, 
viz. :  explosive  bullets  and  bullets  which  expand  or 
flatten,  the  field  is  entirely  clear ;  they  will  see  that 
they  can  avoid  the  forbidden  detail  of  construction 
by  making  a  bullet  with  a  large  part  of  the  covering 
so  thin  as  to  be  ineffective,  and  that  they  can  avoid 
altogether  the  proscril^ed  classes  by  making  a  bullet 
such  that  the  point  would  turn  easily  to  one  side 
upon  entering  the  body,  so  as  to  cause  it  to  turn  end 
over  end,  revolving  about  its  shorter  axis;  —  it  is  well 
known  how  easily  a  rifle  projectile  can  be  made  to 
act  in  this  way.  Or  by  making  one  of  such  original 
form  as,  without  chang^ini''  it,  would  inflict  a  torn 
wound.  It  is  useless  to  give  further  examples.  A 
technical  officer  could  spend  an  indefinite  time  in 
suggesting  designs  of  bullets,  desperately  cruel  in 
their  effects,  which,  forbidden  by  the  amendment 
which  I  now  propose,  would  be  permitted  under  the 
article  as  it  conies  from  the  Committee.  In  fact 
they  would  be  even  more  than  permitted,  for  one 
might  be  driven,  in  the  effort  to  avoid  the  specified 
class,  to  the  adoption  of  another  less  humane.  If 
the  shocking  power  of  the  bullet  is  to  be  increased 


110     Till-:   PEACE    CONFERENCE   AT    THE   HAGUE 


Captain 
Crozier 


The  amend- 
ment more 
restrictive. 


Chapter  III  at  all,  and  we  may  be  sure  that  if  found  necessary 
Speech  of  it  Avill  be  doiie  in  one  way  or  another,  what  more 
humane  method  can  be  imagined  than  to  have  it 
simply  increase  its  size  in  a  regular  manner  ?  But 
this  is  forbidden,  and  consequently  there  is  great 
danger  of  some  more  cruel  method  coming  into  use, 
when  there  will  not  be  a  Conference  ready  to  forl)id 
it.  There  is  always  danger  in  attempting  to  cover 
a  principle  by  the  specification  of  details,  for  the 
latter  can  generally  be  avoided  and  the  principle  be 
thus  violated. 

"  It  has  been  stated  in  the  Committee  that  the 
language  of  my  proposition  is  too  vague,  and  that 
little  would  be  left  of  the  article  voted  if  it  were  to 
be  amended  in  accordance  therewith ;  but  in  reality 
it  is  much  the  more  restrictive  of  the  two,  for  the 
Committee's  proposition,  instead  of  covering  the 
principle,  touches  it  at  one  point  only,  and,  in 
the  effort  to  catch  a  single  detail  of  construction, 
has  left  the  door  open  to  everything  else  which 
ingenuity  may  be  able  to  suggest.  It  has  been 
squarely  stated  that  the  Duin  Dam  bullet  is  the 
one  at  which  the  prohibition  is  aimed.  I  have  no 
commission  for  the  defence  of  the  Dum  Dum  bullet, 
about  which  I  know  nothing  except  what  I  have 
heard  upon  this  floor,  but  we  are  asked  to  sit  in 
judgment  upon  it,  and  for  this  purpose  it  would 
seem  that  some  evidence  is  desirable ;  none,  how- 
ever, has  been  presented.  Colonel  Gilinsky,  who, 
to  his  honor  and  that  of  his  Government,  has  done 
here  so  much  hard  work  in  the  cause  of  humanity, 


EXPANDING   BULLETS  111 

believes  that  in  two  wars  this  bullet  has  shown  Chapter  iii 
itself  to  be  such  as  to  inflict  wounds  of  great  cruelty  ; 
but  no  facts  have  been  presented  which  might  lead 
us  to  share  his  opinions.  The  only  alleged  evidence 
of  which  we  have  heard  at  all  is  that  of  the  Tlibingen 
experiments  and  the  asserted  similarity  of  the  bullet 
used  therein  with  the  Dum  Dum,  and  this  the  British 
delegate  has  himself  been  obliged  to  luring  in,  in  order 
that  he  might  deny  it.  Let  nie  call  attention,  how- 
ever, to  the  fact  that  under  my  proposed  amendment 
the  Dum  Dum  bullet  receives  no  license,  and,  if 
guilty,  does  not  escape,  but  falls  under  the  prohibi- 
tion, provided  a  case  can  be  made  out  against  it. 

"  We  are  all  animated  with  the  common  desire  to 
prevent  rather  than  to  rail  against  the  employment 
of  weapons  of  useless  cruelty,  and  for  the  efficiency 
of  such  prevention  I  ask  whether  it  would  not  be 
better  to  secure  the  support  of  domestic  public  opin- 
ion in  a  country  by  the  presentation  to  its  Govern- 
ment of  a  case,  supported  by  evidence,  against  any 
military  practice,  than  to  risk  arousing  a  national 
senthnent  in  support  of  the  practice  by  a  condem- 
nation of  it  without  proof  that  the  condemnation  is 
deserved  ? 

"  The  Conference  is  now  approaching  an  end,  and 
this  subject  is  the  only  one  of  actual  practice  upon 
which  there  is  division.  The  division  is  decided ;  it 
is  even  acute,  and  it  operates  to  destroy  all  value  of 
the  action  taken.  I  therefore  ask  even  those  gentle- 
men who  may  not  have  been  convinced  of  the  improve- 
ment in  humane  restrictiveness,  which  the  article 


112     THE   PEACE   CONFERENCE   AT   THE   HAGUE 

Chapter  III     woulcl   acqiuue    from    the   proposed    amendment,    to 
vote  for  it,  in  order  that  something  may  be  secured, 
instead  of  the  nothing  which  would  result  from  the 
status  quo.'' 
Ineffective  The  rcpHcs  to  Captain   Crozier's   remarks  in  the 

rep  les.  ^^^^^  Conference,  on  the  part  of  Colonel  Gilinsky  and 

General  Den  Beer  Poortugael,  were  singularly  ineffec- 
tive, being  confined  to  protestations  that  no  mention 
was  made  or  intended  to  be  made  of  the  Dum  Dum 
bullet,  and  the  curious  contention  that  the  amend- 
ment ought  not  to  be  voted  on  before  the  principal 
jDroposition.  Captain  Crozier,  in  reply,  read  from 
the  report  of  General  Den  Beer  Poortugael  the  state- 
ment that  his  Government  had  charged  him  with 
urging  the  formal  prohibition  of  the  use  of  Dum 
Dum  bullets  and  similar  projectiles.  He  w^nt  on  to 
say  that,  contrary  to  the  intention  of  its  authors,  the 
Committee's  proposition  was  rather  a  prohibition  of 
the  use  of  the  smaller  calibre  rifle  than  that  of  a  use- 
lessly cruel  bullet,  and  he  asked  of  Colonel  Gilinsky 
whether  he  as  a  military  man  wished  to  be  under- 
stood as  declaring  positively  that  it  was  impossible 
to  manufacture  a  bullet  which  would  expand,  without 
being  irregular,  and  in  such  a  manner  as  to  produce 
a  wound  of  useless  cruelty. 
Objections  of  Captain  Crozier  stated  that  to  the  article  as  it 
CrSrl  stood  lie  had  three  objections  :  first,  it  prohibited  the 
use  of  all  expanding  bullets,  without  reference  to  the 
fact  that  it  might  be  desirable  in  the  future  to  adopt 
a  musket  of  still  smaller  calibre  in  conjunction  with 
a  bullet  which  would  expand  regularly  to  a  some- 


THE    WORK    OF    THE    FIRST   COMMITTEE  IVi 

wheat  larger  size.     Second,  that  by  this  interdiction  Chapter  iii 
it  might  force  people  to  the  employment  of  a  missile 
of  a  more  cruel  character  not  forbidden  by  the  article; 
and  thirdly,  that  it  condemned  the  Duni  Dum  bullet 
without  evidence  against  it. 

In  regard  to  the  manner  of  taking  the  vote,  Captain  The  manner  of 
Crozier  recalled  that  in  the  Committee  priority  had  vote." 
been  refused  to  his  amendment  for  the  reason,  as  he 
supposed,  that  the  customary  practice  in  the  Confer- 
ence seemed  to  be  to  put  the  most  radical  proposition 
first,  with  the  idea  that  its  adoption  would  wipe  out 
the  subsidiary  propositions,  and  thus  save  the  time 
necessary  for  voting  upon  the  latter.  He  admitted 
that  this  method  had  its  merits,  so  far  as  quick  de- 
spatch of  business  was  concerned,  but  stated  that 
there  were  cases  in  which  another  element  was  more 
important  than  haste  in  the  despatch  of  business, 
and  this  was  that  all  members  should  have  an  oppor- 
tunity of  recording  in  the  most  efficient  manner, 
namely,  by  their  votes,  their  opinion  in  regard  to 
the  propositions  under  consideration.  This  oppor- 
tunity was  absolutely  prevented  by  the  refusal  to 
give  priority  to  his  amendment,  it  being  apparently 
not  understood  that  whatever  the  result  of  the  vote 
upon  the  amendment,  a  second  vote  would  be  taken 
upon  the  proposition,  amended  or  not  amended,  as 
the  case  might  be,  and  that  the  two  votes  thus  taken 
together  would  record  positively  the  opinion  of  every 
member  upon  the  subject. 

It  is  a  significant  and   characteristic   fact   that  a 
proposition  of  parliamentary  law,  which  is  as  familiar 


]11     THE   PEACE   CONFERENCE  AT   THE   HAGUE 

Chapter  III     as  tho   alphabet   to    every   member    of   the   various 
Absence  of      school-boj  societiesin  America,   and   the  justice   of 
fary  Jaw'^or     which  is  self-eviclent,  namely  :     that  an  amendment 
practice.        ^^  ^  substitute  uiust  be  voted  on  before  the  original 
proposition  is  put  to  a  vote,  was  not  only  unfamiliar 
to  most  of  the  European  members  of  the  Peace  Con- 
ference, but  was  seriously  disputed,  and  the  contrary 
rule  adopted  by  an  overwhelming  majority. 
The  American      The  rcsult  was  that  the  American  amendment  was 
ntTv^er  voted     ucvcr  put  to  a  votc,  and  although  in  this  particular 
^^'  instance  there  is   every  reason   to   believe   that  the 

amendment  would  have  been  rejected,  even  if  the 
fundamental  principles  of  parliamentary  law  and 
justice  had  been  observed,  the  incident  is  highly  in- 
Lessons  of  the  structivc,  in  that  it  proves  the  absolute  necessity,  in 
future  assemblies  of  this  character,  of  at  least  a  mini- 
mum in  the  way  of  ordinary  rules  of  procedure. 

During  the  discussion  it  was  stated  by  Captain 
Crozier  that  the  United  States  had  no  intention  of 
using  any  bullet  of  the  prohibited  class,  being  entirely 
satisfied  with  the  one  now  employed,  which  is  in  the 
same  class  as  those  in  common  use.  A  similar  dec- 
laration was  made  on  behalf  of  Germany  by  General 
von  Schwarzhoff. 
Motion  to  Ambassador    White,     after     supporting     Captain 

th?cora-^^°  Crozier's   contentions,    proposed   in   the   interests    of 
mittee.  hamiony  that  the  entire  subject  should  be  referred 

back  to  the  First  (Committee,  to  see  if  a  formula 
could  not  be  found  upon  which  all  parties  would 
agree.  This  proposition  was  rejected  by  twenty 
votes   against    five  —  the    latter    being    the    United 


THE    WORK   OF    THE    FIRST  COMMFTTEE  115 

States  of  America,  Denmark,  Great  Britain,  Greece,  chapter  iii 
and  Portugal.     Luxemburg  did  not  vote. 

On  the  question  whether  the  American  amendment 
should  be  voted  on  before  the  original  proposition, 
seventeen  states  voted,  "  No "  and  eight,  namely : 
the  United  States  of  America,  Belgium,  China,  Den- 
mark, Great  Britain,  Greece,  Portugal,  and  Servia, 
voted  in  the  affirmative  —  Luxemburg  again  not 
voting. 

Lord  Pauncefote,  at  the  same  meeting,  gave  notice  British  Dechi- 
that  he  would  submit  a  declaration  on  the  same  sub- 
ject on  behalf  of  Her  Majesty's  Government,  which  he 
would  request  to  have  spread  upon  the  minutes  in 
extenso.  In  view  of  the  action  taken,  however,  he 
subsequently  withdrew  this  request.  The  declaration 
itself,  however,  which  in  printed  in  the  British  Blue 
Book  (Miscellaneous  No.  1,  1899,  p.  118)  is  given 
below. ^ 


^"  Wlien  Her  Majesty's  Government,  following  the  example  set  by 
other  Powers,  introduced  the  small-bore  rifle,  they  adopted  at  the  same 
time  a  bullet  entirely  covered  by  a  hard  envelope. 

"  Previous  to  the  introduction  of  the  small-bore  rifle,  there  was  no 
covering  or  envelope  of  any  sort  to  the  leaden  bullets  used  with  all 
rifles  by  every  nation.  The  hard  envelope  was  not  introduced  for 
humanitarian  purposes,  but  because  it  was  found  to  be  necessary  with 
the  rapid  twist  of  rifling  of  the  small-bore  rifle,  in  order  to  prevent  the 
grooves  becoming  choked  with  lead. 

"  Experience  with  this  bullet  in  the  Chitral  Campaign  of  1805 
proved  that  it  had  not  sufficient  stopping  power,  that  the  bullet  drilled 
through  a  bone  and  did  not  fracture  it,  that  at  close  quarters  the  injury 
was  insufficient  to  cause  immediate  shock,  and  that  when  soft  tissues 
only  were  struck,  the  amount  of  damage  was  comparatively  trivial. 

"  It  was  proved  that  the  enemy  expressed  contempt  for  the  weapon, 
as  compared  with  that  previously  in  use ;  and  numerous  cases  were 


IIG      THE   PEACE   CONFERENCE   AT   THE   HAGUE 

ciiaiitcriii  There  can  be  little  doubt  that  history  will  vindi- 
cate the  position  taken  by  the  United  States  of 
America  and    Great   Britain    on   this    subject.      No 

brouglit  to  light  in  which  men  struck  by  these  bullets  were  not  pre- 
vented from  remaining  in  action. 

"  Under  these  circumstances,  Her  Majesty's  Government  ordered 
experiments  to  be  undertaken  with  the  object  of  obtaining  a  bullet 
•which  should  possess  equal  stopping  power  effect  with  that  of  the  rifle 
of  larger  calibre.  The  Committee  which  investigated  the  question 
recommended  two  bullets,  one  of  which  was  proved  to  make  Jiiore 
severe  wounds  than  the  other :  Her  Majesty's  Government,  however, 
rejected  the  one  making  the  more  severe  wounds,  and  decided  to  adopt 
the  less  destructive  bullet,  now  known  as  Mark  IV.  pattern,  as  giving 
the  minimum  of  stopping  effect  necessary. 

"  This  bullet  has  a  small  cylindrical  cavity  in  the  head,  over  which 
the  hard  metal  envelope  is  turned  down. 

"  There  is  nothing  new  in  this  cavity  in  the  head  of  the  bullet.  It 
existed  in  the  Snider  bullet,  with  which  Her  Majesty's  troops  were 
armed  for  many  years  —  a  bullet  which  was  perfectly  well  known  to  all 
the  Powers  of  Europe,  which  was  actually  in  use  in  Her  Majesty's  army 
at  the  date  of  the  St.  Petej-sburg  Convention  of  1868,  and  to  which, 
nevertheless,  no  objection  was  ever  raised  on  humanitarian  grounds. 

"  The  Indian  Government  for  the  same  reasons  adopted  the  so- 
called  Dum  Dum  bullet,  in  which  a  very  small  portion  of  the  head 
of  the  leaden  bullet  is  not  covered  by  the  hard  metal  envelope. 

"  Her  Majesty's  Government  are  unable  to  admit  that  a  bullet  which 
has  been  deliberately  adopted  by  them  as  possessing  the  mininmm  of 
destructive  effect  necessary,  can  be  considered  as  inflicting  unneces- 
sary suffering  ;  and  in  view  of  the  fact  that  until  recently  all  rifles  of 
all  Powers  flred  bullets  consisting  entirely  of  lead  without  a  covering, 
and  that  the  bullet  with  a  cavity  in  the  head  was  the  bullet  in  use  in 
Her  Majesty's  army  at  the  date  of  the  St.  Petersburg  Convention,  and 
for  many  years  subsequently,  they  are  equally  unable  to  admit  that 
there  is  anything  in  either  the  exposure  of  a  small  portion  of  lead  or 
the  existence  of  a  cavity,  to  justify  the  condemnation  of  either  of  these 
methods  of  construction. 

"  The  experiments  conducted  in  this  country  lead  to  the  conclusion 
that  the  wounds  inflicted  by  these  bullets  are  not  more  severe  than  — 
if  so  severe  as  —  the  wounds  inflicted  by  the  larger  bullets  fired  from 


THE    WORK   OF   THE   FIRST  COMMJTTEE  117 

attempt  was  made  to  meet  their  arguments  on  the  chapter  in 
merits,  and  the  best  that  can  be  hoped  for  is,  that 
the  decision  of  the  Conference  may  not  eventually 
defeat  its  own  object. 

Methods  of  Naval  Warfahe 

The  propositions  included  in  the  fourth  paragraph 
of  the  circular  of  Count  MouraviefE  were  as  follows : 

''l.  The  prohibition  of  the  use,  in  naval  battles, 
of  submarine  and  diving  torpedo  boats,  or  all  other 
asrencies  of  destruction  of  the  same  nature.  2.  An 
agreement  not  to  construct  in  the  future  warships 
armed  with  rams." 

These  subjects  were  referred  to  a  special  naval 
sub-committee,  presided  over  by  Jonkheer  A.  P.  C. 
van  Karnebeek  of  the  Netherlands,  the  Vice-President 
of  the  Conference. 

Captain  Scheine,  on  behalf  of  the  Russian  Govern-  Limitation  of 
ment,  submitted  a  proposal  respecting  naval  guns  and  ^^  ^^^'^' 
armor,  to  the  effect  that  the  Powers  should  for  the 
period  of  five  years  agree  to  limit  the  calibre  of  their 
guns   to    seventeen    inches,   the    initial    velocity   to 
thirteen  thousand  feet  a  second,  and  the  length  of 

previous  ritles  ;  therefore,  Her  Majesty's  Government,  while  entirely 
sympathizing  with  the  desire  to  avoid  the  use  of  missiles  which  inflict 
wounds  of  unnecessary  severity,  are  unable  to  admit  that  this  is 
involved  by  either  of  the  above  metliods  of  construction.  It  is,  how- 
ever, their  intention  to  pursue  their  investigations,  and  to  spare  no 
pains  in  order  to  combine  with  the  necessary  amount  of  stopping 
power  the  minimum  aggravation  of  suffering  on  the  part  of  the 
wounded,  but  they  consider  it  absolutely  essential  that  such  stopping 
power  should  exist  in  the  bullet  employed  by  Iler  Majesty's  troops." 


118     THE   PEACE    COXEERENCE   AT    THE   IIAdUE 

ChaptiT  III  guns  to  fortj'-five  calibres ;  further,  tliat  armor 
should  be  liuiited  to  fourteen  inches  of  tlie  latest 
Krupp  pattern. 

This  proposition  was  received  by  all  the  naval 
representatives  ad  refenrndum^  with  the  result  that  it 
was  almost  unanimously  negatived.  The  United 
States  and  British  Governments  both  rejected  it  by 
cable  very  promptly. 

Rams.  Upon    tlic     proposal     not    to    construct    warships 

armed  with  rams,  a  majority  of  the  Governments 
represented  declared  their  readiness  to  enter  such  an 
agreement  provided  it  were  unanimous.  Unanimity 
was,  however,  frustrated  by  the  declarations  of  the 
delegates  from  Germany,  Austria-Hungary,  Denmark, 
Sweden  and  Norway,  to  the  effect  that  their  Gov- 
ernments did  not  approve  of  the  idea. 

New  types  Upou  the  subjcct  of  riflcs  and  naval  guns,  and  the 

and  calibres  -i   •!•,  <•  ^  j.*  xi  i 

of  naval  guns,  po'^sibility  01  au  agreement  respectmg  the  employ- 
ment of  new  types  and  calibres,  a  brief  discussion 
showed  that  the  utmost  result  attainable  upon  the 
subject  was  the  expression  of  a  wish,  which  was 
adopted,  that  the  question  should  be  relegated  to  the 
further  study  of  the  Governments. 
Projectiles  for  Tlic  propositioii  that  the  Contracting  Powers  agree 
orasphyxiat-  ^"^  abstain  from  the  use  of  projectiles,  the  object  of 
which  is  the  diffusion  of  asphyxiating  or  deleterious 
gases,  was  adopted,  with  only  one  dissenting  vote  — 
that  of  the  United  States  of  America,  and  one  vote 
conditioned  upon  unanimity  —  that  of  Great  Britain. 
The  distinguished  representative  of  the  United 
States    of    America    on     the    naval     sub-committee. 


ins  <;ases. 


METHODS    OF  NAVAL    WARFARE  119 

Captain    Mahan,    gave    the    following    reasons    for  Chaptor  ni 
voting  against  this  provision,  and  they  were  inserted 
in  the  report  of  the  proceedings  of  the  Committee  :  — 

"1.    That  no  shell  emitting;  such  p-ases  is  as  yet  Captain 

,  f  .    Mahan's 

in  })ractical  use  or  has  undergone  adequate  experi- objections, 
ment ;  consequently,  a  vote  taken  now  would  be 
taken  in  ignorance  of  the  facts  as  to  whether  the 
results  would  be  of  a  decisive  character,  or  whether 
injury  in  excess  of  that  necessary  to  attain  the  end 
of  warfare,  of  immediately  disabling  the  enemy, 
would   be   inflicted. 

"  2.  That  the  reproach  of  cruelty  and  perfidy 
addressed  against  these  supposed  shells  w\as  equally 
uttered  formerly  against  firearms  and  torpedoes, 
although  each  are  now  employed  without  scruple. 
Until  we  know  the  effects  of  such  asphyxiating 
shells,  there  was  no  saying  whether  they  would  be 
more  or  less  merciful  than  missiles  now  permitted. 

"  3.  That  it  was  illogical  and  not  denionstral)ly 
humane,  to  be  tender  about  asphyxiating  men  with 
gas,  when  all  were  prepared  to  admit  that  it  was 
allowable  to  blow  the  bottom  out  of  an  ironclad  at 
midnio;ht,  throwini*;  four  or  five  hundred  men  into 
the  sea  to  be  choked  by  water,  with  scarcely  the 
remotest  chance  of  escape.  If,  and  when,  a  shell 
emitting  asphyxiating  gases  has  been  successfully 
produced,  then,  and  not  before,  will  men  be  able  to 
vote  intelligently  on  the  subject." 

"Whatever  views  may  be  held  upon  the  merits  of 
the  various  propositions  considered  by  the  First 
Committee,  there  can  be  no  question  as  to  the  great 


12(1     TIIE   PEACE    CONFERENCE   AT    THE    HAGUE 

Chapter  III  viilue  of  tliG  deliberations  themselves.  Professional 
authorities  may  be  relied  upon  to  continue  the  work 
of  investigation  and  discussion  begun  at  The  Hague, 
to  the  great  advantage,  no  doubt,  of  that  "  further 
study  on  the  part  of  the  various  Governments," 
which  the  Peace  Conference  was  obliged  to  content 
itself  in  recommending. 


CHAPTER   IV 

THE  WORK  OF   THE   SECOND  COMMITTEE 

I.  The  Convention  for  the  Adaptation  to  Mari- 
time Warfare  of  the  Principles  of  the  Geneva 
Convention  of  August  22,  1864 

The  Second  Committee  of  the  Conference,  to  which 
was  referred  the  subject  of  the  extension  of  the  prin- 
ciples of  the  Geneva  Convention  of  August  22,  1864, 
to  maritime  warfare,  referred  the  subject  to  its  First 
Sub-Committee,  presided  over  by  M.  Asser  of  the 
Netherlands,  and  this  in  turn  appointed  a  Committee 
consisting  of  Professor  Renault  of  France,  Chairman 
and  Reporter,  Vice-Admiral  Sir  John  Fisher  of  Great 
Britain,  Captain  Scheine  of  Russia,  Captain  Siegel  of 
Germany,  Lieutenant-Colonel  tt  Court  of  Great  Brit- 
ain, and  Lieutenant  Ovtchinnikow  of  Russia,  Avhich 
elaborated  the  articles  embodied  in  the  treaty  on  the 
subject. 

In  his  report  to  the  Conference,  Professor  Renault 
uses  the  following  language  :  — 

"The  general   ideas  which    guided  us  are  as  fol- Report  of 
lows:    We   considered   it  necessary  to   confine    our- Ken.-uiiT^ 
selves  to  the  study  of  essential  principles,  and  not  to 
enter  into  details  of  organization  and  of  regulations, 
which  each  State  must  fix  according;  to  its  interests 

121 


122     THE   PEACE   CONFERENCE  AT   THE  HAGUE 

Chai)t(M-  IV     and  its  cuytoins.     We  deteniiined    the    legal    status 
Ri'poit  of        tVoni    the    international    point    of    view   of    hospital 

ProtVssor  -^  .  •  c 

Renault.  sliips  ;  —  biit  liow  are  such  ships  to  be  provided  for  ? 
What  shall  be  the  duty  of  ships  belonging  to  the 
State  as  distinguished  from  those  l^elonging  to  relief 
societies  ?  Should  even  such  ships  as  are  furnished 
by  individuals  for  hospital  service  during  a  war  be 
considered  ?  These  are  questions  which  should  be 
determined  by  each  Government.  They  are  not  sus- 
ceptible of  a  uniform  solution  Ijecause  the  situations 
are  too  diverse.  In  all  countries  the  force  of  private 
charity  may  prove  to  be  more  or  less  active ;  besides, 
however  much  we  may  be  animated  by  sentiments  of 
humanity,  we  must  not  forget  tlie  necessities  of  Avar. 
It  is  necessary  to  avoid  results,  inspired,  no  doubt,  by 
most  generous  sentiments,  but  exposed  to  the  risk  of 
frequent  disregard  by  Ijelligerents,  because  the  lat- 
ter's  freedom  of  action  may  be  unduly  impaired. 
Humanity  does  not  gain  much  by  the  adoption  of  a 
rule  which  remains  a  dead  letter,  and  the  idea  of 
respect  for  engagements  would  only  be  enfeebled 
thereby.  It  is,  therefore,  indispensably  necessary  to 
impose  no  obligations  except  such  as  can  be  fulfilled 
under  all  circumstances,  and  otherwise  to  allow  the 
combatants  all  the  latitude  which  they  require.  It 
is  to  be  hoped  that  this  will  never  be  used  for  the 
purpose  of  hindering  uselessly  the  work  of  alleviat- 
ing suffering." 

The  representative  of  the  United  States  on  the 
sub-committee  of  the  Second  Committee  of  the  Con- 
ference was  Captain  Alfred  T.  Mahan,  whose  careful 


THE   WORK   OF   THIC   SECOND   COMMITTEE       12.'3 

and  lucid  report  regarding  the  work  of  the  sub-coin-  chapter  iv 
mittee  and  his  own  attitude  is  deserving  of  special 
attention.     It  will  be  found  in  full  in  the  Appendix. 
The  articles  of  the  treaty  are  as  follows :  — 

Article  1.  Military  h(js})ital  shi})s,  that  is  to  say, oiiiciai 
ships  constructed  or  assigned  hy  States  especially  and  ^^^^p**^^^^"1'*^- 
solely  for  the  ])ur])ose  of  assisting  the  wounded,  sick, 
or  shipwrecked,  and  the  names  of  which  shall  have 
been  communicated  to  the  belligerent  Powers  at  the 
commencement  or  duringi:  the  course  of  hostilities, 
and  in  any  case  before  they  are  employed,  shall  be 
respected,  and  cannot  be  captured  while  hostilities 
last.  These  ships,  moreover,  are  not  on  the  same 
footing  as  men-of-war  as  regards  their  stay  in  a 
neutral  port. 

Article  2.    Hospital  ships  equipped  solely  or  in  Hospital  ships 
part  by  the  moneys  of  private  individuals,  or  officially  ®''}"i'p'^  ^Y- 

•        1         T    e  •    /•  1      n    Ti  •         1  "^  private  indi- 

recognized  reliei  societies,  sliall  likewise  be  respected  viduais  or 
and   exempt  from  cai^ture,  provided  the  bellio:erent^^l''^^,f."'''**^''"^ 

i  1111  •  1  of  belligereut 

rower  to  whom  they  belong  has  given  them  an  powers, 
official  commission,  and  has  notified  their  names  to 
the  opposing  Power  at  the  commencement  of  or  dur- 
ing hostilities,  and  in  any  case  before  they  are  em- 
ployed. These  ships  must  be  furnished  with  a 
certificate  from  the  proper  authorities  declaring  that 
they  had  been  under  their  control  while  fitting  out, 
and  on  final  departure. 

AirncLE  3.    Hospital  ships  ecpiipped  whollv  or  in  Hospital  ships 
part  at  the  cost   of   private  individuals  or  officially  i;;;;'/;;;;"!';;... 
recognized  societies  of  neutral  countries,  shall  be  re- tries, 
spected    and   exempt    from    capture,   if   the    neutral 
Power  to  whom  the}^  belong  has  given  them  an  offi- 
cial   commission    and    notified    their   names   to   the 


iL'l      Till':   PEACE    CONFERENCE   AT   THE   HAGUE 

ciiaptcr  IV     l)o]li,ii'C'rent  Powers  at  the  commencement  or  during 
hostilities,  and  in  any  case  before  they  are  employed. 

Rt-uiatioiis         Article  4.    The  ships  mentioned  in  Articles  1,  2, 
''''";''''"I"",     and     .")    shall    furnish    relief    and    assistance    to    the 

illl  Imspital  ^        -I         r        ^  ^      ^^• 

ships.  wounded,  sick,  and  shipwrecked  oi  the  belligerents 

of  either  nationality.  The  Governments  engage  not 
to  use  these  ships  for  any  military  purpose.  These 
ships  must  not  in  any  way  hamper  the  movements  of 
the  combatants  during  and  after  an  engagement ; 
they  shall  act  at  their  own  risk  and  peril.  The 
bellio-erents  shall  have  the  right  to  control  and  visit 
them ;  they  can  decline  their  aid,  order  them  off, 
compel  them  to  take  a  certain  course  and  put  a 
commissioner  on  board ;  they  can  even  detain  them 
if  important  circumstances  require  it.  As  far  as 
possible,  the  belligerents  shall  inscribe  in  the  sailing 
papers  of  the  hospital  ships  such  orders  as  they  may 
give  them. 

The  proposition  to  establish  a  particular  code  of 
signals  for  ships  requesting  or  offering  aid  was  nega- 
tived by  the  Committee,  upon  the  ground  that  the 
accepted  international  code  of  signals  now  adopted 
by  all  seafaring  nations  is  sufficient  for  all  practical 
purposes. 

In  the  words  of  Professor  Renault,  reporter  of  the 
Committee,  regarding  the  prohibition  of  the  use  of 
these  ships  for  military  purposes  :  "  The  States  enter 
into  an  engagement  of  honor  by  the  very  fact  of  their 
marking  the  vessels.  It  would  be  perfidy  to  violate 
this  engagement." 

An  instance  of  "  important  circumstances  "  justify- 
ing the  detention  of  a  hospital  ship  on  the  part  of 


THE   WORK   OF    THE    SECOND    COMMITTEE       1-J5 

one  of   the  belligerents,   would   be  found   in    a   casechapter  iv 
where    secrecy    regarding    further    naval    operations 
was    essential   or   desirable,   and    no    other   effective 
o;uarantee  ao;ainst  unauthorized  coniniunieation  seems 
practicable. 

Article  5.  The  military  hospital  ships  shall  be  Distinguish- 
distinguished  by  being  painted  white  outside  with  '^  hospTtai^syps 
horizontal  band  of  green  about  one  metre  and  a  half 
in  width.  The  shi})s  mentioned  in  Articles  2  and  3 
shall  be  distinguished  by  being  painted  white  outside 
with  a  horizontal  band  of  red  aljout  one  metre  and 
a  half  in  breadth.  Tbe  boats  of  the  ships  above 
mentioned,  as  also  similar  craft,  which  may  be  used 
for  hospital  work,  shall  be  distinguished  by  similar 
painting.  All  hospital  ships  shall  make  themselves 
known  by  hoisting,  together  with  their  national  flag, 
a  white  flag  with  a  red  cross  provided  by  the  Geneva 
Convention. 

At  the  meeting  of  the  full  Committee  at  which 
the  article  was  adopted,  Mirza  Riza  Khan,  First  Dele- 
gate of  Persia,  made  the  following  declaration  in 
regard  to  the  last  paragraph  of  Article  5  :  — 

"Pursuant  to  the  instructions  which  I  have  just  Distinctive 
received  from  my  Government,  I  am  directed  to  i^^.  ^^'^s  of  Persia 
form  the  Committee  that  the  Persian  Government 
will  claim  as  a  distinctive  flaii:  <^  white  flao::  with  a 
red  sun.  The  adoption  of  the  red  cross  as  the  dis- 
tinctive flag  of  hospitals  was  an  act  of  courtesy  on 
the  part  of  the  Signatory  Powers  of  the  Geneva  Con- 
vention toward  the  Swiss  Government,  in  that  the 
national    flag    of    Switzerland    was    adopted,   simply 


126     THE   PEACE    COXFEREXCE   AT    THE   HAGUE 

Chapter  IV  cliaiigiiig  the  order  of  the  colors.  We  would  be 
happy  to  extend  the  same  courtesy  to  the  honorable 
Government  of  Switzerland,  if  it  were  not  impossible 
on  account  of  objections  which  would  be  raised  in  a 
Mohammedan  army.  I  request  the  Committee  to 
kindly  take  notice  of  this  declaration,  and  to  have 
the  same  inserted  in  the  minutes  of  the  meeting." 
Similar  Official   uoticc  was   taken   of    this   declaration,  as 

by^stam!""  wcll  as  of  auotlicr  made  o\\  behalf  of  the  Siamese 
Government  by  M.  Rolin,  to  the  effect  that  the 
Royal  Government  of  Siam  reserved  the  right  to 
change  the  sign  on  the  Geneva  flag  to  a  symbol 
sacred  in  the  Buddhistic  cult,  and  calculated  to  in- 
crease the  saving  authority  of   the  flag. 

Neutral  ARTICLE    6.       Neutral    merchantmen,    yachts,    or 

temporarily"^  ^^^^^^'"^  having  or  taking  on  board  sick,  w^ounded, 
as  hospital  or  sliipwreckcd  of  the  belligerents,  cannot  be  captured 
ships.  £^^  ^^  doing,  but  they  shall  be  liable  to  capture  for 

any  violation    of    neutrality   which    they   may   have 

committed. 

It  will  be  seen  that  in  this  article  no  provision  is 
made  for  the  case  of  a  merchantman  belonging  to 
one  of  the  belligerent  parties  carrying  sick  or 
wounded.  In  consequence,  such  a  vessel  remains 
under  the  provisions  of  the  common  law,  and  is 
liable  to  capture.  This  provision  would  seem  to  fol- 
low logically  from  all  the  principles  governing  the 
case. 

ofThe'^^taff  of  Article  7.  The  religious,  medical,  or  hospital 
hospital  ships,  staff  of  auy  captured  ship  is  inviolable,  and  its  mem- 


THE  WORK   OF   THE   SECOND   COMMITTEE       127 

bers  cannot  be  made  prisoners  of  war.  On  leaving; cimpteriv 
the  ship  they  shall  take  with  them  the  effects  and 
surgical  instruments  which  are  their  own  private 
])roperty.  The  staff  shall  continue  to  discharge  its 
duties  while  necessary,  and  may  afterward  leave  the 
ship  when  the  commander-in-chief  considers  it  possi- 
ble. The  belligerents  shall  guarantee  the  payment 
of  their  full  salaries  to  the  stall's  which  shall  fall 
into  their  hands. 

Akticle   8.    Soldiers  and  sailors  who  are  taken  on  ah  sick  and 
board  when  sick  or  wounded  shall  be  protected  and^^'°'""^'",'J'' 

i  be  cared  for 

looked  atter   l)y  the  captors,  without  regard  to  the  aiiko. 
nation  to  which  they  belong. 

Article  9.  The  shipwrecked,  wounded,  or  sick  of  status  of  the 
one  of  the  belligerents  who  fall  into  the  hands  of  the  ^"'^i'^"'"'^'^- 
other,  shall  be  prisoners  of  war.  The  captor  shall 
decide,  according  to  circumstances,  whether  it  is  best 
to  detain  them  or  send  them  to  a  port  of  his  own 
country,  to  a  neutral  port,  or  even  to  a  hostile  port. 
In  the  last  case,  prisoners  thus  returned  to  their  own 
country  shall  not  serve  again  during  the  continuance 
of  the  war. 

It  is,  of  course,  understood  that  if  the  shipwrecked, 
wounded,  or  sick  who  are  returned  to  their  own  coun- 
try are  so  returned  in  consequence  of  an  exchange, 
they  are  no  longer  regarded  as  prisoners  of  war  under 
parole,  but  regain  their  own  liberty  of  action. 

[Article   K).    The  shipwrecked,  wounded,  or  sick  Disposition  of 
who  shall  be  landed  at  a  neutral  port,  with   the  con-'^'''i'''r':''^'^' 

J,,,,  ,..  -ii  f       wounded,  or 

sent  01  the  local  authorities,  must,  m  the  absence  oi  asickjande.i 
contrary  arrangement  between  the  neutral  State  and '"^^ '"^ '"^"'^'^^ 

.  ~  port. 

the  belligerents,  be  guarded  by  the  neutral  State  so 


1-28     THE   PEACE    CONFERENCE   AT   THE   HAGUE 

ciiapter  IV  that  tliGV  caimot  again  take  part  in  the  military  oper- 
ations. The  expense  of  entertainment  and  detention 
shall  he  home  hy  the  State  to  which  the  wounded, 
shipwrecked,  or  sick  shall  belong.] 

Discussion  of  The  provisions  of  this  article  led  to  lively  discus- 
sions. It  was  finally  adopted  by  a  bare  majority,  as 
follows :  — 

Ayes :  Germany,  Austria-Hungary,  France,  Great 
Britain,  Italy,  Netherlands,  Portugal,  Rou mania, 
Russia,  and  Turkey,  (10). 

Noes :  United  States  of  America,  Belgium,  China, 
Denmark,  Spain,  Japan,  Siam,  Sweden  and  Norway^ 
and  Switzerland,  (9). 

According  to  Professor  Zorn  [Deutsche  Rundschau, 
January,  1900,  p.  136):  "It  is  still  questionable 
whether  the  true  solution  has  been  found."  Accord- 
ing to  Article  10  a  neutral  State  certainly  would  have 
the  right  to  receive  wounded  and  shipwrecked  with- 
out violating  its  duties  as  a  neutral,  provided  only 
that  both  belligerents  were  treated  alike,  but  Pro- 
fessor Zorn  calls  attention  to  the  possibility  of  a  war 
between  Russia  and  France  on  the  one  side  and 
Germany  on  the  other,  with  the  Baltic  Sea  as  the 
scene  of  the  naval  operations.  Denmark  being  a  neu- 
tral State  and  receiving  shipwrecked  and  wounded, 
might  by  that  very  act  confer  upon  Russia  and  France 
an  advantage  which  might  conceivably  be  of  deter- 
mining importance.  Germany,  in  signing  the  treaty, 
reserved  special  liberty  of  action  under  this  Article, 
and  the  same  course  was  taken  by  the  United  States, 
Great  Britain,  and  Turkey. 


THE   WORK   OF   THE   SECOND    COMMITTEE       12!J 

In  view  of  these  facts,  the  Netherhmcls  Govern- ciiapter  iv 
ment,  on  January  29,  1900,  addressed  an  identical 
note  to  all  tlie  Signatory  Powers,  stating  that  the 
Convention  had  been  signed  with  this  reservation  by 
these  four  Powers,  and  going  on  to  say  :  "  Under  the 
circumstances,  and  also  b}-  reason  of  the  desirability 
that  there  should  be  a  uniformity  established  in  the 
respective  obligations  resulting  from  this  Convention 
for  the  Contracting  Powers  —  a  uniformity  which 
would  be  endangered  by  the  reservations  of  four  of 
them,  the  Government  of  Her  Majesty  the  Queen  of 
the  Netherlands  deems  that  there  should  be  a  means 
of  excluding  the  ratification  of  the  said  Article  10, 
which  of  itself,  otherwise,  is  only  of  secondary  interest. 
It  is  to  be  hoped  that  if  this  proposal  is  accepted,  — 
and  I  am  happy  to  be  able  to  inform  you  that  the 
Imperial  Russian  Government  agrees  with  us  in  our 
views  on  this,  —  the  subject  of  the  exclusion  of  the 
above-mentioned  Article  —  the  ratification  can  be 
made  with  no  further  difficulty  of  internal  form  in 
the  different  countries,  and  it  could  be  effected  with 
little  delay,  which  would  be  highly  desirable."  ^ 

On  April  30,  1900,  the  Minister  of  the  Netherlands  Exclusion  of 
in  Washington  informed  the  State  Department  that 
"  the  proposition  of  the  Government  of  the  Nether- 
lands, which  formed  the  subject  of  M.  de  Beaufort's 
communication  of  January  29,  suggesting  the  exclu- 
sion of  the  ratification  of  Article  10  of  the  Convention, 
has  received  the  assent  of  all  the  States  which  up  to 

*  Note  by  M.  de  Beaufort  to  Minister  Newel.     ]Mss.  State  Depart- 
ment. 


l;]()       THE    PEACE    CONFERENCE   AT    THE   HAGUE 


Chapter  IV  tliG  present  time  had  made  known  their  views,  — 
these  Powers  Ijeing  in  the  majority,  and  the  adoption 
of  the  proposition  by  the  other  interested  States  being 
probable,  it  is  important  that,  with  a  view  of  expedit- 
ing the  filing  of  these  acts  of  ratification,  a  uniform 
method  for  emxphasizing  this  exclusion  should  be 
established  now.  The  Cabinet  of  St.  Petersburg 
suggests  for  the  purpose  a  combination  which  consists 
in  inserting  in  the  act  of  Ratification  a  copy  of  the 
Convention  in  which  the  text  of  Article  10  would  be 
replaced  by  the  word  "  EXCLU  "  (excluded),  while 
still  preserving  the  proper  numbering  of  the  Articles. 
Copies  prepared  in  conformity  with  the  method  above 
indicated  will  be  placed  at  the  disposal  of  these  Gov- 
ernments who  wish  them."  ^ 

On  May  1,  1900,  the  United  States  Government 
made  known  its  acquiescence  in  this  proposition  of 
the  Russian  and  Netherlands  Governments,  and  the 
Convention  with  the  word  "EXCLU"  inserted  in  the 
place  of  Article  10  was  duly  ratified,  and  as  ratified 
duly  proclaimed  by  the  United  States  on  August  3, 
1900. 

Article  11.  The  rules  contained  in  the  above 
articles  shall  be  binding  only  upon  the  Contracting 
Powers  in  case  of  war  between  two  or  more  of  them. 
Such  rules  shall  cease  to  be  Ijinding  from  the  time 
when  in  a  war  between  Contracting  Powers  one  of 
the  belligerents  is  joined  by  a  non-adhering  Power. 

Ratiticatiou.  Article  12.  The  prcscut  Convention  shall  be 
ratified  as  soon  as  follows. 


Binding 

clause. 


^  Baron  de  Gevers  to  Secretary  Ilay.     Mss.  State  Department. 


rilK    WORK    OF    THE  SECOND    COMMITTEE        1:51 

The  ratifications  shall  be  deposited  at  The  Hague,  ciiapteriv 
On  the  receipt  of  each  ratilication  a  pnx-es  verbal 
shall  be   drawn  uji,  a  copy  of  which,  dnly  certified, 
shall  be  sent  through  the  diplomatic  channel  to  all 
the  Contracting  Powers. 

Article  13.  The  non-signatory  Powers  who  have  Adherence, 
accepted  the  Geneva  Convention  of  August  22,  1864, 
shall  be  allowed  to  adhere  to  the  present  Convention. 
For  this  purpose  they  shall  make  their  adhesion 
known  to  the  Contracting  Powers  by  means  of  a 
written  communication  addressed  to  the  Netherlands 
Government,  and  by  it  communicated  to  all  the  other 
Contracting  Powers. 

Article  14.  In  the  event  of  one  of  the  High  Con- Denunciation, 
tracting  Powers  denouncing  the  present  Convention, 
such  denunciation  shall  not  take  effect  until  a  year 
after  the  notification  made  in  writing  to  the  Nether- 
lands Government,  and  forthwith  communicated  by 
it  to  the  other  Contracting  Powers.  This  notification 
shall  only  affect  the  notifying  Power. 

The  treaty  embodying  these  Articles  has  since  been 
ratified  by  all  the  Powers  represented  at  the  Peace 
Conference. 

At  a  meeting  of  the  full  Committee,  on  June  20,  Additional 

.  articles 

Captain  Mahan,  on   behalf  of  the  United  States  of  proposed  by 
America,  proposed  the  adoption  of  the  following  three  ^ahan. 
additional  Articles  :  — 

"•1.  In  the  case  of  neutral  vessels  of  any  kind, 
hospital  ships,  or  others,  being  on  the  scene  of  a 
naval  engagement,  which  may  as  an  act  of  humanity 
save  men  in  peril  from  drowning  from  the  results  of 
the  engagement,   such   neutral   vessels   shall  not  be 


132     THE   PEACE    CONFERENCE   AT   THE   HAGUE 


Chapter  IV 


Their  with- 
drawal. 


Resolution 
favoring  the 
revision  of 
the  Geneva 
Rules. 


considered  as  having  violated  their  neutrality  by  that 
fact  alone.  They  will,  however,  in  so  doing,  act  at 
their  own  risk  and  peril. 

"  2.  Men  thus  rescued  shall  not  he  considered 
under  the  cover  of  a  neutral  flag,  in  case  a  demand 
for  their  surrender  is  made  by  a  ship  of  war  of  either 
belligerent.  They  are  open  thus  to  capture  or  re- 
capture. If  such  demand  is  made,  the  men  so  res- 
cued must  be  given  up,  and  shall  then  have  the  same 
status  as  if  they  had  not  been  under  a  neutral  flag. 

"3.  In  case  no  such  demand  is  made  by  a  bellig- 
erent ship,  the  men  so  rescued  having  been  delivered 
from  the  consequences  of  the  fight  by  neutral  inter- 
position, are  to  be  considered  Jiors  de  cojnbat,  not  to 
serve  for  the  rest  of  the  war  unless  duly  exchanged. 
The  Contracting  Governments  engage  to  prevent,  as 
far  as  possible,  such  persons  from  serving  until  dis- 
charged." 

These  Articles  were  subsequently,  on  July  18, 
withdrawn  by  Captain  Mahan,  with  the  approval  of 
the  American  Commission,  for  reasons  which  are  fully 
stated  in  his  report  in  the  Appendix,  to  which  special 
reference  is  hereby  made. 

At  the  same  meeting  M.  Asser  of  the  Netherlands 
moved  the  adoption  of  the  following  wish,  to  be 
expressed  by  the  Conference :  — 

'"'  The  Conference  at  The  Hague,  taking  into  con- 
sideration the  preliminary  steps  taken  by  the  Federal 
Government  of  Switzerland  for  the  revision  of  the 
Geneva  Convention,  expresses  the  wish  that  after  a 
brief  delay  there  should  be  a  meeting  of  a  special 


THE   WORK    OF   THE    SECOND    COMMITTEE        liW 

conference,  having  as  its  object  the  revision  of  the  Chapter  iv 
said  Convention." 

M.  Beldiman,  of  Roiimania,  moved  as  an  amend- 
ment to  insert  after  the  words,  "  after  a  brief  delay," 
the  words,  "under  the  auspices  of  the  Swiss  Federal 
Council." 

When  this  amendment  was  first  put  to  a  vote  the 
result  was  as  follows  :  Ayes  —  Germany,  Austria- 
Hungary,  China,  Denmark,  Spain,  Italy,  Japan, 
Luxemljurg,  Paris,  Roumania,  Servia,  Siam,  and 
Switzerland,  (13);  noes  —  The  United  States  of 
America,  (1);  abstentions  —  Belgium,  France,  Great 
Britain,  Greece,  Mexico,  Montenegro,  Netherlands, 
Portugal,  Russia,  Sweden  and  Norway,  and  Bulgaria, 
(12).  . 

By  the  ruling  of  the  chairman  of  the  Committee, 
M.  de  Martens,  the  amendment,  not  having  received 
a  clear  majority  of  all  the  countries  represented  at 
the  Conference,  was  considered  lost. 

It  soon  appeared,  however,  that  the  vote  of  the  a  misunder- 
United  States  of  America  on  this  amendment  was  ^  *°  ^°^' 
cast  under  a  misapprehension,  and  the  American 
Connuission  to  the  Conference  cordially  and  unani- 
mously joined  in  the  hope  expressed  by  the  Delegate 
from  Roumania,  that  the  Swiss  Federal  Government 
should  continue  to  enjoy  the  well-merited  honor  of 
leadership  in  all  matters  pertaining  to  the  Geneva 
Convention.  After  a  brief  interchange  of  views,  it 
was  decided  that  the  best  manner  of  correcting  the 
unfortunate  error,  and  of  giving  expression  to  this 
general  desire,  would  be  to  have  a  special  additional 


131      THE  PEACE    CONFERENCE   AT   THE    HAGUE 

Chapter  IV     resolutioii  Oil  the  subject  adopted  by  the  Second  Com- 
mittee and  reported  by  it  to  the  Conference.      This 
resohition  was  as  follows  :  — 
A  second  "  I^  cxprcsslng  the  wish  relative    to  the  Geneva 

the'sanu"  ^*"  Convcntion,  the  Second  Committee  cordially  endorses 
suijjwt.  ^\^Q  declaration  made  by  M.  Asser,  chairman  of  the 
First  Sub-Committee,  at  the  meeting  of  June  20,  at 
which  the  Delegate  of  the  Netherlands  stated  that 
all  of  the  States  represented  at  The  Hague  would  be 
happy  to  see  the  Federal  Council  of  Switzerland  take 
the  initiative,  after  a  brief  delay,  in  calling  a  con- 
ference with  the  view  to  a  revision  of  the  Geneva 
Convention." 

At  a  meeting  of  the  full  Conference  on  July  5, 
this  resolution  was  unanimously  adopted,  and  the 
Swiss  Federal  Council  may  be  counted  upon  to  take 
all  necessary  further  steps  in  due  season. 

II.    The  Laws   and  Customs   or   War 

The  second  suljject  assigned  to  the  Second  Com- 
mittee, and  l)y  this  latter  referred  to  a  sub-com- 
mittee, was  the  revision  of  the  Declaration  concerning 
the  laws  and  customs  of  war,  adopted  in  1874  by 
the  Conference  of  Brussels,  but  never  ratilied.  This 
is  the  question  referred  to  in  the  seventh  paragraph 
of  the  circular  of  Count  Mouravieff,  of  December  oO, 
1898. 
War  on  land.  It  sliould  bc  remarked  that  the  committee  regarded 
the  report  of  the  Conference  of  Brussels  as  being 
concerned  exclusivelv  witli  the  laws  and  customs  of 


LA  U'S   AND    CL'STOMS   OF   WAR  V.io 

war  on  land.  Consequently  the  sub-committee  of  the  Chapter  iv 
Second  Committee  limited  its  own  competence  in  a 
similar  manner.  In  virtue  of  this  decision  the  sub- 
committee simply  entered  the  proposition  of  Captain 
Crozier  of  the  United  States  of  America  upon  the 
record,  reii^ardino:  the  extension  of  the  rules  with 
respect  to  private  i)roperty  on  land  to  the  same  prop- 
erty on  the  ocean. ^  For  the  same  reason  the  com- 
mittee referred  the  question  of  bombardments  by 
naval  vessels  to  a  separate  sub-committee,  as  a 
special  question,  not  necessarily  implied  in  the  gen- 
eral subject  referred  to  it. 

The   sub-committee  which    prepared    the    code    of  Members  of 
laws  of  war  subsequently  adopted  by  the  Conference  niutlVwhicii 
was   presided   over   by    M.    de    Martens    of    Russia,  p^'^p^^^^^  ^^^ 

i  '^  code. 

The  other  members  were  M.  Beldinian  of  Rouinania, 
Colonel  a  Court  of  Great  Britain,  Colonel  Gilinsky 
of  Russia,  Major-General  Gross  von  Schwarzhoff  of 
Germany,  Professor  Lammasch  of  Austria,  Professor 
Renault  of  France,  General  Zuccari  of  Italy,  and 
M.  Rolin  of  Siam,  the  latter  being  at  the  same  time 
reporter  of  the  committee.  Professor  Renault  of 
France  not  being  able  to  attend  all  meetings  was 
occasionally  represented  by  General  ^lounier.  In  the 
beginning  of  the  discussion  M.  de  Martens  of  Russia 
announced  the  purpose  of  the  Imperial  Government 
of  Russia  as  follows  :  — 

"The    object    of    the    Imperial    Government    has  Speech  of  m. 
steadily  been  the  same,  namely,  to  see  that  the  dec- Russia, 
laration  of  Brussels,  revised  so  far  as  this  Conference 

^  Fui'  a  further  discussion  of  this  proiiosition,  see  Chapter  VI. 


130       THE   rEACE    COyFEllENCE   AT    THE   HAUUE 

Chapter  IV     may  deem  it  necessary,  should  form  the  solid  basis 
Speech  of  M.   for  the  instructions  which  the  Governments  should 

de  Martens  of  .  „  .  .      . 

Russia.  hereaiter,  ni  case  oi  war,  issue  to    their  armies  on 

land.  Without  doubt,  to  the  end  that  this  basis 
should  be  firmly  established,  it  is  necessary  to  have 
a  treaty  engagement  similar  to  that  of  the  Declara- 
tion of  St.  Petersburg  in  18G8.  It  will  be  necessary 
that  in  a  solemn  article  the  Signatory  Powers,  who 
signify  their  adlierence,  should  declare  that  they  are 
in  accord  on  the  subject  of  uniform  rules,  which 
should  be  embodied  in  these  instructions.  This  is 
the  only  manner  of  obtaining  an  obligation  binding 
upon  the  Signatory  Powers.  It  is  well  understood 
that  the  Declaration  of  Brussels  shall  have  no  obli- 
gatory force  except  for  the  Signatory  States  which 
declare  their  adherence." 

According  to  these  views  of  the  Russian  Govern- 
ment there  could  be  no  other  question  or  object  than 
that  of  entering  into  a  treaty,  providing  that  the 
adopted  rules  should  not  be  obligatory  as  such,  ex- 
cept upon  the  Signatory  States.  They  would  cease 
to  be  applicable  even  in  the  case  where,  in  a  war 
between  Signatory  Powers,  one  of  the  latter  accepted 
the  alliance  of  a  Power  not  adhering  to  the  treaty. 
The  delegate  from  Russia  enforced  this  view  by 
comjoaring  the  work  which  was  to  be  done  with  the 
formation  or  establishment  of  a  mutual  insurance 
company  against  the  abuse  of  force  in  time  of  war, — 
a  company  to  which  States  should  be  free  to  enter 
or  not,  but  which  must  have  its  own  by-laws  obliga- 
tory upon  the  members  among  themselves.     At  the 


LAWS  AXD   CUSTOMS   OF    WAR  137 

same  time,  said  M.  de  Martens,  the  founding  of  a  Chapter  iv 
mutual  insurance  company  against  the  abuse  of 
force  in  time  of  war,  with  the  object  of  safeguarding 
the  interests  of  popuhitions,  by  no  means  legalized 
these  disasters,  but  simply  took  account  of  the  fact 
that  they  existed,  just  the  same  as  insurance  com- 
panies against  fire,  hail,  or  other  calamities  bj*  their 
by-laws  by  no  means  legalize  them,  but  simply  take 
account  of  existing  dangers. 

The   remarks    of    M.  de  Martens  were  in  answer  Speech  of  m. 

iSt^GnitiGrt  of 

especially  to  a  most  able  and  interesting  speech  Belgium, 
of  M.  Beernaert,  the  first  Delegate  of  Belgium, 
made  in  the  meeting  of  June  6.  This  speech  of 
M.  Beernaert  was  especially  devoted  to  a  considera- 
tion of  Chapters  1,  2,  and  5  of  the  Declaration  of 
Brussels,  relative  to  the  occupation  of  hostile  terri- 
tory, the  definition  of  belligerents,  and  the  provisions 
regarding  contributions  either  in  kind  or  in  money. 
M.  Beernaert  asked  the  question  whether  it  was  wise, 
in  advance  of  war  or  in  case  of  war,  to  legalize  by 
law  the  right  of  the  victor  over  the  vanquished,  and 
thus  organize  a  regime  of  defeat.  He  was  opposed 
to  the  adoption  of  any  provision  except  such  as  would 
admit  the  fact,  without  recognizing  the  right  of  the 
victor,  and  which  would  imply  an  agreement  on  the 
part  of  the  latter  to  be  moderate  in  the  exercise  of 
his  right.  As  a  matter  of  fact,  these  observations  of 
the  Belgian  Delegate  had  a  very  general  bearing,  being 
applicable  really  to  all  parts  of  the  treaty  or  declara- 
tion which  applies  to  the  laws  and  customs  of  war. 
M.  de    Martens  in    response   insisted   very  urgently 


lOS       Till':   J'EACE    COXFEUEXCE   AT    THE    lIAfU'E 

("iiaptor  i\-  Upon  the  necessit}'  of  not  abandoning  to  the  mere 
Reply oiM., If cliaiice   of   Warfare   and   international   law  the  vital 

Martens.  .  i  i  i  i  i       •  mi 

interests  oi  peaceable  and  unarmed  populations.  Ihe 
question  really  was  whether  the  fear  of  appearing  to 
leo-alize  as  a  risrht,  1)V  an  international  rule,  the  exer- 
cise  of  brute  force  by  the  force  of  arms,  should  be  a 
reason  for  abandoning  the  great  advantage  of  a  lim- 
itation of  this  very  power,  —  besides,  no  member  of 
the  sub-committee  had  the  idea  that  tlie  Govern- 
ment of  an  invaded  country  should  be  asked  to  give 
in  advance  a  sort  of  sanction  to  the  brute  force  exer- 
cised by  an  invading  and  occupying  army.  On  the 
contrary,  the  adoption  of  precise  rules  tending  to 
limit  the  exercise  of  brute  force  appeared  as  a  self- 
evident  necessity  in  the  higher  interest  of  all  peoples 
—  for  all  might  in  turn  be  exposed  to  the  fortunes 
of  warfare.  The  sub-committee  took  account  of  the 
views  and  observations  of  M.  Beernaert  in  adopting 
and  making  its  own  the  declaration  wliich  M.  de 
Martens  read  in  the  meeting  of  June  20.  This 
declaration  will  be  found  below  in  the  commentary 
upon  Articles  1  and  2. 
Resniutinn  At  tlic  meeting  of  June  3,  the  First  Delegate  of 

tile  wish  For  a  the  Grand  Duchy  of  Luxemburg,  M.  Eyschen,  made 
cmiference  on  ^''  uiotiou  that  tlic  sub-committce  should  be  re- 
diTties"or  ^°'^  ^^^^^^®^^  ^'^  examine  into  the  question  of  determining 
Neutrals.        the  ritrlits  and   duties  of    neutral  States.     The  sub- 

o 

committee  decided  that  this  subject  hardly  came 
under  the  terms  of  the  Declaration  of  Brussels,  but 
it  recommended  the  passage  of  a  resolution  which 
was  subsequently  adopted  by  the  full  Conference,  ex- 


LAWS  AND    CUSTOMS    OF    WAIt  139 

pressing  the  hope   that   the   question  of   tlie  rights  chapter  iv 
and   duties    of    neutral    States   should   be   made   the 
programme  of  a  later  Conference. 

The  following  are  the  Convention  and  tlie  articles 
upon  the  Laws  and  Customs  of  War  finally  adopted 
by  the  Conference,  together  with  such  commentaries, 
based  to  some  extent  upon  the  admirable  report  of 
M.  Rolin,  as  seem  useful  for  an  elucidation  of  the 
text  and  an  explanation  of  the  reasons  for  the  action 
of  the  Conference. 

Convention  with  Respect  to  the  Laws  and  Customs 

OF  Waii 

Akticle  1.    The  High  Contracting  Powers    shall  instructions 
issue  instructions  to  their  armed  land  forces,  which  ^°  ^^"*^  ^"^*^^^' 
shall  be  in  conformity  with  the  "  Regulations  respect- 
ing the  Laws  and  Customs  of  War  on  Land"  annexed 
to  the  present  Convention. 

Article  2.    The  provisions  contained  in  the  Regu- Binding 
lations  mentioned  in  Article   1  are  binding  only  on"^'^"^^- 
the  Contracting  Powers,  in  case  of  war  between  two 
or  more  of  them. 

These  provisions  shall  cease  to  be  binding  from 
the  time  when,  in  a  war  between  Contracting  Powers, 
a  Non-Contracting  Power  joins  one  of  the  belligerents. 

Article  3.   The  present  Convention  shall  1)e  ratified  itatiiication. 
as  speedily  as  possible. 

The  ratifications  shall  be  deposited  at  The  Hague. 

A  proces  verbal  shall  be  drawn  up  recording  the 
receipt  of  each  ratification,  and  a  copy,  duly  certified, 
shall  be  sent  through  the  diplomatic  channel,  to  all 
the  Contractin<>:  Powers. 


110      Till-:   PEACE    CONFERENCE   AT   THE   HAGUE 


Chapter  IV 
Adherence. 


Treaty 
approved 
l)y  nearly 
all  ijowers. 


Article  4.  Non-Signatory  Powers  are  allowed  to 
adhere  to  the  present  Convention. 

For  this  purpose  they  must  make  their  adhesion 
known  to  the  Contracting  Powers  by  means  of  a 
written  notification  addressed  to  the  Netherlands 
Government,  and  by  it  communicated  to  all  the  other 
Contracting  Powers. 

Article  5.  In  the  event  of  one  of  tlie  Hisj-li  Con- 
tracting  Parties  denouncing  the  present  Convention, 
such  denunciation  would  not  take  effect  until  a  year 
after  the  written  notification  made  to  the  Netherlands 
Government,  and  l)y  it  at  once  communicated  to  all 
the  other  Contracting  Powers. 

Tills  denunciation  shall  effect  only  the  notifying 
Power. 

In  faitli  of  which  the  ])lenipotentiaries  have  signed 
the  present  Convention  and  affixed  their  seals  thereto. 

Done  at  Hague,  the  29th  of  July,  1899,  in  a  single 
copy,  which  shall  be  kept  in  the  archives  of  the 
Netherlands  Government,  and  copies  of  which,  duly 
certified,  shall  be  delivered  to  the  Contracting  Powers 
through  the  diplomatic  channel. 

This  treaty  has  since  been  approved  by  all  the 
Powers  represented  at  the  Peace  Conference,  with 
the  exception  of  China  and  Switzerland,  the  hesi- 
tation of  the  latter  country  Ijeing  founded  on  her 
careful  regard  for  tlie  right  of  levee  en  masse  to 
repel  an  invasion. 

In  the  United  States  the  ratification  of  the  treaty 
by  the  Senate  has  been  delayed,  notwithstanding 
a  favorable  report  on  the  Regulations  from  the 
Judge-Advocate-General  of  the  army. 


LAWS   AND    CUSTOMS    OF    WAR  lil 

Regulations  Respecting  the  Laws  and  Customs  of  chapter  iv 
Wak  on  Land 

section  i.    ox  belligerents 

Chapter  I.    What  constitutes  a  Belligerent? 

Article  1.  The  laws,  rights,  and  duties  of  war  wim  entitled 
apply  not  only  to  armies,  but  also  to  militia  and  J°  ^|^^^  J'®"®^* 
volunteer  corps,  fulfilling  the  following  conditions  :  —  and  customs 

1.  To  be  commanded  by  a  person  responsible  for  °^ '^^^'■• 
his  subordinates ; 

2.  To  have  a  fixed  distinctive  emblem  recognizable 
at  a  distance  ; 

3.  To  carry  arms  openly  ;  and 

4.  To  conduct  their  operations  in  accordance  with 
the  laws  and  customs  of  war. 

In  countries  where  militia  or  volunteer  corps  con- 
stitute the  army,  or  form  part  of  it,  they  are  included 
under  the  denomination  '•  army." 

Article  2.  The  population  of  a  territory  which  Resistance  to 
has  not  been  occupied,  who,  on  the  enemy's  approach,  ^"  ^°"^^*^''''- 
spontaneously  take  up  arms  to  resist  the  invading 
troops  without  having  time  to  organize  themselves 
in  accordance  with  Article  1,  shall  be  regarded  as 
belligerent,  if  they  respect  the  laws  and  customs  of 
war. 

Article  3.    The   armed  forces  of  the  belligerent  Both  comba- 
parties  may  consist  of  combatants    and   non-comba- ^^^j^^fj^^^ll^tT"" 
tants.     In  case  of  capture  l)y  the  enemy  both  have  a  recognized. 
right  to  be  treated  as  prisoners  of  war. 

When  these  Articles  were  discussed  for  the  first 
time,  M.  de  Martens  read  the  following  declaration, 
above  referred  to,  which  the  sub-committee  adopted 


142     77//;    PEACE    CONFERENCE   AT   THE   HAGUE. 


Chapter  IV 


DechiiMtioii 
of  the  suh- 
cominittee. 


Withdrawal 
of  M. 

Beernaert's 
objections. 


immediately,  and  of  which  the  text,  as  siiljmitted  to 
the  Conference,  is  as  follows  :  — 

"  The  Conference  is  unanimous  in  thinking  that 
it  is  extremely  desirable  that  the  usages  of  war 
should  be  defined  and  regulated.  In  this  spirit  it 
has  adopted  a  great  number  of  provisions  which 
have  for  their  object  the  determination  of  the  rights 
and  of  the  duties  of  belligerents  and  of  populations, 
and  for  their  end  the  reduction  and  softening  of  the 
evils  of  war,  so  far  as  military  necessities  permit. 
It  has  not  always  been  possible  to  come  to  an  agree- 
ment that  henceforth  all  these  stipulations  should 
apply  to  all  practical  cases.  On  the  other  hand, 
it  could  not  possibly  be  the  intention  of  the  Con- 
ference that  unforeseen  cases  should,  in  the  absence 
of  written  stipulations,  be  left  to  the  arbitrary  deci- 
sion of  those  wdio  commanded  the  army.  In  aw^ait- 
ing  the  time  when  a  complete  code  of  the  laws  of 
war  may  be  elaborated  and  proclaimed,  the  Confer- 
ence considers  it  opportune  to  state  that  in  cases  not 
provided  for  in  the  Articles  of  this  date,  populations 
and  belligerents  remain  under  the  safeguards  and 
government  of  the  principles  of  international  law, 
resulting  from  the  customs  established  between  civil- 
ized nations,  the  laws  of  humanity,  and  the  demands 
of  public  conscience.  It  is  in  this  sense  that  espe- 
cially Articles  2  and  3  adopted  by  the  Conference 
should  be  clearly  understood." 

The  first  delegate  from  Belgium,  M.  Beernaert,  wdio 
had  previously  objected  to  the  adoption  of  Articles 
2  and  3,  immediately  announced  that  he  would  with- 


LAWS   AND    CUSTOMS    OF    WAR  143 

drcaw  his  objections  on  account  of  this  dechiration,  chapter  iv 
and  unanimity  was  thereby  established  on  an  impor- 
tant and  delicate  question,  relating  to  the  fixing  of 
the  status  of  a  belligerent,  and  giving  the  right  to 
non-combatants  forming  })art  of  the  aruiy  to  be  con- 
sidered belligerents,  so  that  both  combatants  and 
non-combatants  would  have  the  right,  in  case  of 
their  capture  by  the  enemy,  to  be  treated  as  pris- 
oners of  war.  Before  the  above  declaration,  adopted 
on  the  motion  of  M.  de  Martens,  had  been  communi- 
cated to  the  sub-committee,  General  Sir  John  Ardagli 
of  Great  Britain  })roposed  to  add  at  the  end  of  the 
first  chapter  the  following  provision  :  — 

"Nothing  in  this  chapter  shall    be    construed    as  Amendments 
diminishing  or  denying  the  right   belonging  to   thesirjoim 
people  of  an  invaded  country  to  fulfil  their  duty  of '^''*^^^^ 
opposing  the  invaders  by  the  most  energetic  patriotic 
resistance,  and  by  all  permitted  means." 

The  idea  expressed  in  this  proposition  was  warmly 
advocated  by  M.  Beernaert,  who  claimed  that  too  great 
a  limitation  of  the  term  helVujerent  would  practically 
mean  the  prohibition  of  patriotism.  The  first  duty 
of  every  citizen  was  to  defend  his  own  country,  and 
national  uprisings  against  invaders  form  the  grandest 
episodes  of  history.  Colonel  Kuenzli  of  Switzerland  and  Coionei 
supported  this  view,  and  proposed  to  add  to  the  article  "''"^ '' 
of  Sir  John  Ardagh  the  further  provision  :  '^  Reprisals 
are  prohibited  against  any  population  which  has  openly 
taken  arms  to  resist  the  invasion  of  its  territory." 

General  Den  Beer  Poortugael  of  the  Netherlands 
also  supported  this  view,  although  he  called  atten- 


144     THE   PEACE    COXFEIIENCE   AT    THE   HAGUE 

Chapter  IV  tioii  to  tliG  fact  that  Operations  on  the  part  of  an 
Opposition  by  imdrillecl  population  against  an  army  had  become 
sehwarzhoff  niore  and  more  hopeless.  On  the  other  hand,  General 
Giiluskv"^^  Gross  von  Schwarzhoff  of  Germany,  who  was  warmly 
supported  by  Colonel  Gil  ins ky  of  Russia,  protested 
against  the  proposition,  which  in  his  opinion  would 
wipe  out  the  distinction  between  a  popular  uprising 
or  levee  en  masse  in  a  country  which  was  in  danger 
of  invasion,  and  a  similar  uprising  in  a  district  which 
had  already  l^een  invaded  by  a  hostile  army.  He 
claimed  that  he  was  the  last  to  deny  the  rights  and 
duties  of  patriotism  ;  every  one  must  be  free  to 
enter  the  army,  and  even  civilians  could  organize 
independently.  The  most  informal  organization 
would  suffice,  as  well  as  the  simplest  distinctive 
emblem.  He  considered  that  Article  2  in  its  pres- 
ent form  was  not  without  its  dangerous  omissions, 
in  that  the  open  carrying  of  arms  and  the  having 
of  a  fixed  distinctive  emblem  recognizable  at  a  dis- 
tance should  also  be  required.  While  he  had  resolved 
to  vote  for  the  Article  in  a  spirit  of  conciliation,  "  at 
this  point,  however,"  said  the  German  Delegate,  most 
emphatically,  "  my  concessions  must  cease ;  it  is 
absolutely  impossible  for  me  to  go  one  step  further, 
to  follow  those  who  speak  of  an  absolute  unlimited 
right  of  defence." 
Humanity  to        Mucli  was  Said  ou  tlic  subjcct  of  liumauity,  but  in 

soldiers 

his  opinion  it  was  time  to  remember  that  soldiers 
too  were  human  beings,  and  that  tired  and  exhausted 
soldiers  approaching  their  quarters  after  heavy 
combats  and   lono;  marches  had  a  rio-ht  to  feel  sure 


LAWS   AXD    CUSTOMS    OF    WAR  145 

that    apparently    peaceable    inhabitants    should   not  Chapter  iv 
suddenly  prove  to  be  wild     and    merciless  enemies. 
Finally,   the  propositions   of  Sir  John  Ardagli    and  witiKir.uvai 
Colonel    Kuenzli   were    both    withdrawn,    and    themeuts. 
declaration  proposed  by  M.  de  Martens  was  adopted 
unanimonsh-,  both  as    a   compromise  and  as   a  sub- 
stitute. 

Chapter  J  I.      On  Prisoners  of  Wt/r 

Article  4.    Prisoners  of  war  are  in  the  power  of  status  of  tiie 
the  hostile  Government,  but  not  in  that  of  the  indi-  Jlropelty  of 
viduals  or  corps  who  captured  them.     They  nuist  be  prisoners  of 
humanely   treated.      All   their  personal    belongings/^ '^'^^ 
except    arms,    horses,    and   military    papers,   remain 
their  property. 

Article  5.    Prisoners  of  war  may  be  detained  in  Their  deten- 
a  town,  camp,  or  any  other  locality,  and  bound  not*^*^"- 
to  go  beyond  certain  fixed  limits ;  but  they  can  only 
be  confined  as  an  indispensable  measure  of  safety. 

Article  C.    The  State  may  utilize  the  labor  of  Their  lahor 
prisoners  of  war  according;  to  their  rank  and    apti- ^°'"  *'?*^  ^^'^^'^ 

-L  ^  cj  ^  ^         or  pri\'Rtc 

tude.     Their  tasks  shall  not  be  excessive,  and  shall  individuals. 
have  nothing  to  do  with  military  operations. 

Prisoners  may  be  authorized  to  work  for  the 
Public  Service,  for  private  persons,  or  on  their  own 
account. 

Work  done  for  the  State  shall  be  paid  for  accord- 
ing to  the  tariffs  in  force  for  soldiers  of  the  national 
army  employed  on  similar  tasks. 

When  the  work  is  for  other  branches  of  the  Public 
Service  or  for  private  persons,  the  conditions  shall  be 
settled  in  agreement  with  the  military  authorities. 

The    wages    of    the    prisoners    shall    go    towards  wages, 
improving   their    position,  and  the  balance  shall  be 


IIG      THE   PEACE    CONFERENCE    AT    THE    HAGUE 

Chapter  IV     paid  tlieiii  cat  the  time  of  their  release,  after  deduct- 
iiiiz:  the  cost  of  their  maintenance. 


Their  treat 
ment  as 


Article   7.     The  Government   into  whose   hands 
,    ,    prisoners  of  war  have  fallen  is    bound  to  maintain 

regards  food,    i 
(juarters,  and   tlieni. 

clothing.  Failing  a  special  agreement  between  the  belliger- 

ents, prisoners  of  war  shall  be  treated,  as  regards 
food,  quarters,  and  clothing,  on  the  same  footing  as 
the  troops  of  the  Government  which  has  captured 
them. 

Discipline.  ARTICLE  8.    Prisoncrs   of  War  shall  be  subject  to 

the  laws,  regulations,  and  orders  in  force  in  the  army 
of  the  State  into  whose  hands  they  have  fallen. 

Any  act  of  insubordination  warrants  the  adoption, 
as  regards  tliem,  of  such  measures  of  severity  as  may 
be  necessary. 

Escaped  prisoners,  recaptured  before  they  have 
succeeded  in  rejoining  the  army,  or  before  quitting 
the  territory  occupied  by  the  army  that  captured 
them,  are  liable  to  disciplinary  punishment. 

Prisoners  who,  after  succeeding  in  escaping,  are 
again  taken  prisoners,  are  not  liable  to  any  punish- 
ment for  the  previous  flight. 


Discussion  on 
attempts  to 
escape. 


Concerning  Article  8  a  long  discussion  took  place 
in  the  Committee  on  the  subject  of  the  escape 
of  prisoners  of  war.  Finally  it  was  admitted, 
as  in  the  Brussels  Convention  of  1874,  that  an 
attempt  at  escape  could  not  remain  entirely  un- 
punished, but  that  tlie  degree  of  punishment  should 
be  limited,  so  as  to  forestall  the  temptation  to  regard 
such  an  attempted  escape  as  something  similar  to 
desertion  before  the  enemy,  and  therefore  punishable 


LAWS   AND    CUSTOMS    OF    WAR  117 

b}''  death.  In  consequence,  the  restrictive  words  chapter  iv 
"  disciplinary  punishment "  were  adopted,  it  benig 
understood  that  this  restriction  had  no  application  to 
cases  where  the  escape  or  the  attempt  to  escape 
was  accompanied  l)y  special  circumstances,  constitut- 
ing, for  example,  a  plot,  a  rebellion,  or  a  riot.  In 
such  cases  the  prisoners  would  bo  punishable  under 
the  first  paragraph  of  the  Article,  declaring  them  to 
be  subject  to  the  laws  and  regulations  in  force  in  the 
army  of  the  State  into  whose  hands  they  have  fallen. 
The  proposal  of  the  Brussels  Conference  contained 
the  provision  that  it  was  permissible,  after  a 
summons  to  halt,  to  use  arms  against  an  escaping 
prisoner  of  war.  This  provision  was  stricken  out  of 
the  present  Articles.  The  Committee  did  not  deny 
the  right  to  fire  on  an  escaping  prisoner  of  war,  if 
military  regulations  so  provided,  but  it  did  not  seem 
necessary  or  proper  to  provide  such  formal  extreme 
measures  in  the  body  of  these  Articles. 

Article  9.    Every  prisoner  of  war,  if  questioned,  Disclosure  of 
is  bound  to  declare  his  true  name  and  rank,  and  if"a"k!^"' 
he  disregards  this  rule,  he  is  liable  to  a  curtailment 
of  the  advantages  accorded  to  the  prisoners  of  war 
of  his  class. 

Article  10.  Prisoners  of  war  may  be  set  at  lib-Paroie. 
erty  on  parole,  if  tlie  laws  of  their  country  authorize 
it,  and,  in  such  a  case,  they  are  l)ound,  on  their  per- 
sonal honor,  scrupulously  to  fulfil,  both  as  regards 
their  own  Government  and  the  Government  by  whom 
they  were  made  prisoners,  the  engagements  they  have 
contracted. 


148      THE  PEACE    CONFERENCE   AT   THE  HAGUE 

Chapter  IV  AiiTiCLE  11.  A  prisoiior  of  War  cannot  be  forced 
Not, obiisa-  to  accept  his  li):)erty  on  parole;  similarly  the  hostile 
tory.  Government  is  not  obliged  to  assent  to  the  prisoner's 

request  to  be  set  at  liberty  on  parole. 

Breach  of  Article   12.     Any  prisoner  of  war  who  is   liber- 

^*'""'^'  ated  on  parole  and  recaptured  bearing  arms  against 

the  Government  to  whom  he  had  pledged  his  honor, 
or  against  the  allies  of  that  Government,  forfeits  his 
right  to  be  treated  as  a  prisoner  of  war  and  can  be 
brought  before  the  Courts. 

Correspon-  ARTICLE    13.     Individuals    who    follow    an    army 

'^'^"orters  and  witliout  dircctly  belonging  to  it  —  such  as  newspaper 

camp-     '       correspondents  and  reporters,  sutlers  and  contractors 

followers.       — ^^lo  fall  into  the  enemy's  hands,  and  whom  the 

latter  see  fit  to  detain,  have  a  right  to   be   treated 

as  prisoners  of   war,   provided    they  can   produce  a 

certificate  from  the  military  authorities  of  the  army 

which  they  were  accompanying. 

Bureau  of  Article  14.    A  Burcau   of    Information    relative 

information.  ^^  prisoners  of  war  shall  be  instituted,  on  the  com- 
mencement of  hostilities,  in  each  of  the  belligerent 
States  and,  when  necessary,  in  the  neutral  countries 
on  whose  territory  belligerents  have  been  received. 
This  Bureau  is  intended  to  answer  all  inquiries 
about  prisoners  of  w^ar,  and  shall  be  furnished,  by 
the  various  services  concerned,  with  all  the  neces- 
sary information  to  enable  it  to  keep  an  individual 
return  for  each  prisoner  of  war.  It  shall  be  kept  in- 
formed of  detainments  and  changes,  as  well  as  of 
admissions  into  hospital,  and  deaths. 

It  shall  also  be  the  duty  of  the  Bureau  of  Informa- 
tion to  I'eceive  and  collect  all  objects  of  personal  use, 
valuables,  letters,  etc.,  found  on  the  battlefields  or 
left    by    prisoners    who    have    died    in    hospital    or 


LAWS   AND    CUSTOMS   OF    WAR  U9 

ambulance,    and    to    transmit    tluMu    to   those  inter- chapter  iv 
estecl. 

Article    15.    Relief    Societies    for    prisoners    of  RiKiitsami 
war,  which   are  regularly  constituted  in  accordance  J^gjlgj  ^'^^j^, 
with  the  law  of  the  country,  with  the  object  of  serv- tics  ami  their 
ing   as    an   intermediary   for   charity,   shall    receive  ^^^"'■^' 
from  the  belligerents,  for  themselves  and  their  duly 
accredited  agents,  every  facility,  within  the  bounds 
of   military  requirements    and    administrative    regu- 
lations,  for   the    effective    accomplishment    of    their 
liumane  task.     Delegates  of  these  Societies  may  be 
admitted  to  the  places  of  detention,  for  the  distribu- 
tion of  relief,  as  also   to   the  stopping  places  of  re- 
patriated   prisoners,    if    furnished    with    a    personal 
permit   by  the   military   authorities,    and   on   giving 
an  engagement  in  writing  to  comply  with  all  their 
regulations  for  order,  and  police  ordinances. 

Article   1G.    The    Bureau    of    Information    shall  Free  postage 
have  the  privilege  of  free  postage.     Letters,  money  ^"^^Jjj^p^"^*^,^ 
orders,  and  valuables,  as  well  as  postal  parcels  des- for  prisoners 
fined  for  the  prisoners  of  war  or  despatched  by  them,  °^  ^^''' 
shall  be  free  from  all  postal  duties,  both  in  the  coun- 
tries of  origin  and   destination,  as   well   as  in  those 
through  which  they  pass. 

Gifts  and  relief  in  kind  for  prisoners  of  war  shall 
be  admitted  free  of  all  duties  of  entry  and  others,  as 
well  as  of  payments  for  carriage  by  the  Government 
railways. 

Article  IT.    Officers  taken  prisoners  may  receive.  Pay  of 
if  necessary,  the  full  pay  allowed  them   in  this  l>osi-|",^'^g^g^^ 
tion  by  their  country's  regulations,  the   amount   to 
be  repaid  by  their  Government. 

Article   IS.    Prisoners   of  war  shall  enjoy  every  Religious 
latitude   in  the  exercise  of   their  religion,  including  "*^'^'*"^^' 


150      Till':   PEACE    CONFERENCE   AT   THE   HAGUE 


Chapter  IV 


Wills,  death 
certificates, 
aud  burials. 


Repatriation. 


Suggestions 
of  M.  Roni- 
berg-Nisard. 


Francis 
Lieber's  Code 
of  the  laws  of 
war. 


attendance  at  their  own  (;liurcli  service,  provided 
only  they  comply  witli  the  regulations  for  order  and 
police  ordinances  issued  by  the  military  authorities. 

Article  19.  The  wills  of  prisoners  of  war  shall 
be  received  or  drawn  u[)  on  the  same  coiiditions  as 
for  soldiers  of  the  national  army. 

The  same  rules  shall  be  observed  regarding  death 
certificates,  as  well  as  for  the  burial  of  prisoners  of 
war,  due  regard  being  paid  to  their  grade  and  rank. 

Article  20.  After  the  conclusion  of  peace,  the 
repatriation  of  prisoners  of  war  shall  take  place  as 
speedily  as  possible. 

M.  Beernaert  of  Belgium  most  properly  called  the 
attention  of  the  Committee  and  of  the  Conference 
to  the  fact  that  the  humane  provisions  contained  in 
Articles  XI  to  XX  were  first  suggested  by  M.  Rom- 
berg-Nisard,  the  Belgian  philanthropist,  who,  after 
having  been  particularly  active  in  relieving  the  suffer- 
ings of  prisoners  of  war  during  the  war  of  1870,  never 
ceased  to  agitate  in  favor  of  more  humane  treatment 
of  the  sick,  w^ounded,  and  prisoners  in  wars  of  the 
future.  At  the  Conference  of  Brussels  of  1874,  the 
Belgian  Government,  through  Baron  Lamberinont, 
officially  proposed  the  adoption  of  six  iVrticles  regard- 
ing societies  for  the  relief  of  prisoners  of  war,  and 
all  of  these  suggestions  are  contained  in  the  Articles 
as  adopted  at  the  Peace  Conference. 

The  idea  of  codifying  the  laws  of  war  in  their 
entirety  originated  with  the  late  Francis  Lieber, 
Professor  of  Political  Science  and  International  Law 
at  Columbia  University,  New  York.    He  was  also  the 


LAWS   AND   CUSTOMS   OF    WAR  151 

author  of  the  code  approved  by  President  Lincohi  and  chapter  iv 

formulated  in  18G3  as  General  Order  No.  lUU  for  the 

government  of  the  United  States  armies  in  the  field 

by  General  Ilalleck.     This  Order,  as  was  said  by  M. 

de  Martens  at  The  Hague,  has  remained  the  basis  of 

all  subsequent  efforts  in  the  direction  of  human ization 

of  war. 

Chapter'  III.     Of  the  Sick  and   Wounded 

Article  21.    The  obligations  of  belligerents  with  Application 
retrard  to  the  sick  and  wounded  are  o-overned  by  the''/  ^iic  (ient-va 
Geneva  Convention  or  August  ZZ,   1854,  subject  to 
any  modifications  which  may  be  introduced  into  it. 


SECTIOX    II.       ON    HOSTILITIES 

Chaj)tcr  I.    Of  Means  of  injuring  the  Enemy,  Sieges, 
and  Bomhai'duients 

Article    22.    The  right  of    1)elligerents  to  adopt  Limitations. 
means  of  injuring  the  enemy  is  not  unlimited. 

Article  23.    Besides  the  prohibitions  provided  by  special 
special  Conventions,  it  is  especially  prohibited  :  —       prohibitions. 

(a)  To  employ  poison  or  poisoned  arms  ; 

(6)  To  treacherously  kill  or  wound  individuals  be- 
longing to  tlie  hostile  nation  or  army  ; 

(c)  To  kill  or  wound  an  enemy  who,  having  laid 
down  arms,  or  having  no  longer  any  means  of 
defence,  has  surrendered  at  discretion  ; 

(d)  To  declare  that  no  quarter  will  be  given ; 

(e)  To  employ  arms,  projectiles,  or  material  of  a 
nature  to  cause  superfluous  injury ; 

(f)  To  make  improper  use  of  a  flag  of  truce,  the 
national  flag,  or  military  ensigns,  and  the  enemy's 


152     THE  PEACE   CONFERENCE  AT   THE   HAGUE 

Chapter  IV     Uniform,  as  well   as  the    distinctive  badges    of   the 
Geneva  Convention ; 

{g)  To  destroy  or  seize  the  enemy's  property,  un- 
less such  destruction  or  seizure  be  imperatively  de- 
manded by  the  necessities  of  war. 

Ruses  per-  ARTICLE  24.    Kuscs  of  war  and  the  employment  of 

iiiitted.  methods  necessary  to  obtain  information  about  the 

enemy  and  the  country  are  considered  allowable. 

Prohibition  of  ARTICLE  25.  The  attack  or  bombardment  of  towns, 
mKTefe^uded"  villagcs,  habitations,  or  buildings  which  are  not  de- 
piaces.  fended,  is  prohibited. 

The  Articles  adopted  in  the  Brussels  Conference  of 
1874  contained  the  provision:  "Only  fortified  places 
can  be  besieged."  This  provision  was  stricken  out 
upon  the  motion  of  General  Gross  von  Schwarzhoff 
of  Germany,  for  the  reason  that  on  the  one  hand 
it  was  superfluous,  and  on  the  other  hand  it  seemed 
to  leave  out  all  account  of  temporary  fortifications, 
which  experience  has  shown  to  be  of  great  impor- 
tance. The  German  representative  instanced  the  case 
of  Plevna  in  the  Russo-Turkish  War,  and  soon  after 
the  adjournment  of  the  Conference,  his  views  upon 
this  subject  received  very  striking  confirmation  in 
the  notable  defences  of  Ladysmith,  Kimberley,  and 
Mafeking. 

Upon  the  motion  of  the  same  delegate,  it  was 
expressly  noted  in  the  report  of  the  Committee  that 
this  article  by  no  means  prohibited  the  destruction 
of  any  buildings,  when  required  by  military  neces- 
sities. 


LAW.S   AND    CUSTOMS    OF    WAR  153 

Article    26.     The   Commander   of   an  attacking  chapter  iv^ 
force,  before  commencing  a  bombardment,  except  in  warning  of 
the  case  of  an  assault,  should  do  all  he  can  to  warn  ^'ombard- 
the  authorities.  "^^" ' 

Article  27.    In    sieo-es    and    bombardments,    ain™"''""*^  ^°'' 

ccrtiiiii 

necessary   steps   should  ])e  taken  to  spare  as  far  as  edifices  and 
possible    edifices    devoted   to    religion,    art,    science,  i^^''^''^'^- 
and    charity,  hospitals,  and    places   where    the    sick 
and  wounded   are  collected,    provided    they  are  not 
used  at  the  same  time  for  military  purposes. 

The  besieged  should  indicate  these  buildings  or 
places  by  some  particular  and  visible  signs,  of  which 
the  assailants  should  previously  be  notified. 

Article  28.    The  pillage  of  a  town  or  place,  even  pniage  pro- 
when  taken  by  assault,  is  prohibited.  hibited. 

Chcqjter  II.      On  Spies 

Article  29.  An  individual  can  only  be  consid-"^^'Jioisaspy, 
ered  a  spy  if,  acting  clandestinely,  or  under  false 
pretences,  he  obtains,  or  seems  to  obtain,  infor- 
mation in  the  zone  of  operations  of  a  belligerent, 
with  the  intention  of  communicating:  it  to  the  hostile 
pj^rty. 

Thus,  soldiers  not  in  disguise  who  have  penetrated  ^^'^^^  '^  "^t  a 
into  the  zone  of  operations  of  a  hostile  army  to  obtain 
information  are  not  considered  spies.  Similarly,  the 
following  are  not  considered  spies  :  soldiers  or  civil- 
ians, carrying  out  their  mission  openly,  charged  with 
the  delivery  of  despatches  destined  either  for  their 
own  army  or  for  that  of  the  enemy.  To  this  class 
belong  likewise  individuals  sent  in  balloons  to  deliver 
despatches,  and  generally  to  maintain  communi- 
cation between  the  various  parts  of  an  army  or  a 
territory. 


154      THE   J'KACI-J    CONFEllENCE    AT   THE   HAGUE 

Chapter  IV  Ahticle  oO.    A  s})y  taken    in    tlie   act  cannot  l)e 

Rijiht  to  trial,  punished  M'itliout  previous  trial. 

No  piuiisii-  Article  31.    A  spy,  who  after  rejoining  the  army 

iiient  on  sub-  ^q  which  he  bclono-s  is  subsequently  captured  by  the 
capture.         eueuiy,  is  treated  as  a  pi'isoner  of  war,   and    incurs 
no  responsibility  for  his  previous  acts  of  espionage. 

Cliaj)ter  III.      On  Flags  of  Truce 

Definition  ARTICLE  32.    An  individual  is  considered  as  bear- 

andconmiu-    i^n- g,  flag  of  trucc  who  is  autlioi'ized  by  one  of  the 

nity  oi  tlags  o  o  _  .         r  . 

of  truce.  bellisierents  to  enter  into  communication  with  the 
other,  and  who  carries  a  white  flag  :  he  has  a  right 
to  inviolability,  as  well  as  tlie  trumpeter,  bugler,  or 
drummer,  the  flag-bearer,  and  the  interpreter  who 
may  accompany  liiin. 

No  obligation      ARTICLE  33.    The  Chief  to  whom   a  flag  of  truce 
to  receive  it    jg  ^g^^   jg  j^qj-   obliged  to  reccive    it  under    all    cir- 

under  all  cir-  ~ 

cumstances.  cumstauces.  He  can  take  all  steps  necessary  to 
prevent  the  envoy  taking  advantage  of  his  mission 
to  obtain  information.  In  case  of  abuse  he  has  the 
right  to  detain  the  envoy  temporarily. 

The  Brussels  Conference  had  proposed  an  express 
declaration  that  a  belligerent  was  permitted  to  declare 
that  he  would  not  receive  a  flag  of  truce  during  a 
specified  time,  and  adding  that  the  bearers  of  a  flag 
of  truce  who  should  present  themselves  after  such  a 
declaration,  should  lose  their  right  of  inviolability. 

The  Committee,  on  motion  of  Count  Nigra  of  Italy, 
refused  to  admit  that  according  to  the  principles  of 
International  Law  a  belligerent  could  ever  be  per- 
mitted to  declare,  even  for  a  specified  time,  that  no 


j^AWS  AND    CUSTOMS   OF   WAR  155 

flags  of  truce  would  be  received.  The  military  dele-  chapter  iv 
elates  at  the  Peace  Conference  all  considered  that  the 
point  was  sufficiently  covered  by  the  provision  of 
Article  33,  to  the  effect  that  a  commander  to  whom  a 
flas;  of  truce  is  sent  is  not  obliiijed  to  receive  it  imder 
all  circumstances.  Accordingly  the  proposition  of  the 
Brussels  Conference  was  stricken  out. 

Article  34.    The  envoy   loses   his   rights   of    in- Treachery, 
violability  if  it  is  proved  bej^ond  doubt  that  he  has 
taken  advantage  of  his  privileged  position  to  provoke 
or  commit  an  act  of  treachery. 

Chapter  IV.      On  Capitulations 

Article  35.    Capitulations    agreed  upon  between  Military 
the  Contracting  Parties  must  be  in  accordance  with^^°"°^- 
the  rules  of  military  honor. 

When    once    settled,    they   must    be   scrupulously 
observed  by  both  parties. 

Chapter  V.      On  Annistices 

Article  36.  An  armistice  suspends  military  opera- Definition 
tions  by  mutual  agreement  between  the  belligerent '*"'^'^"^^^'°^' 
parties.  If  its  duration  is  not  fixed,  the  bellig- 
erent parties  can  resume  operations  at  any  time, 
provided  always  the  enemy  is  warned  within  the 
time  agreed  upon,  in  accordance  Avitli  the  terms  of 
the  armistice. 

Article    37.    An    armistice  may   be    general   or  General  «r 
local.     The   first   suspends  all  military  operations  of  J'.'''"^' '■^""^'^" 
the  belligerent  States  ;  the  second,  only  those  between 
certain  fractions  of  the  belligerent  armies  and  in  a 
fixed  radius 


15G     THE   PEACE   CONFERENCE   AT   THE   HAGUE 


Chapter  IV 

Notification 
necessary. 


"What  com- 

nuiuicatioiis 

pyrmissible. 


Violation  by- 
one  of  the 
parties. 


By  private 
individuals. 


Artk'Lk  38.  An  armistice  must  l)e  notified  offi- 
cial!}", and  in  good  time,  to  the  competent  authorities 
and  the  troops.  Hostilities  are  suspended  immedi- 
ately after  the  notification,  or  at  a  fixed  date. 

Article  39.  It  is  for  the  Contracting  Parties  to 
settle,  in  the  terms  of  the  armistice,  what  com- 
munications may  be  held,  on  the  theatre  of  war, 
with  the  population  and  with  each  other. 

Article  40.  Any  serious  violation  of  the  armis- 
tice by  one  of  the  parties  gives  the  other  party  the 
right  to  denounce  it,  and  even,  in  case  of  urgency,  to 
recommence  hostilities  at  once. 

Article  41.  A  violation  of  the  terms  of  the 
armistice  by  private  individuals  acting  on  their  own 
initiative,  only  confers  the  right  of  demanding  the 
punishment  of  the  offenders,  and,  if  necessary, 
indemnity  for  the  losses  sustained. 


What  is 
occupied 
territory. 


Order  and 
safety. 


sectiois"  iii.    ox  military  authority  over  hostile 
territory 

Article  42.  Territory  is  considered  occupied, 
when  it  is  actually  placed  under  the  authority  of  the 
hostile  army.  The  occupation  applies  only  to  the 
territory  where  such  authority  is  established,  and  in 
a  position  to  assert  itself. 

Article  43.  The  authority  of  the  legitimate 
power  having  actually  passed  into  the  hands  of  the 
occupant,  the  latter  shall  take  all  steps  in  his  power 
to  re-establish  and  insure,  as  far  as  possible,  public 
order  and  safety,  while  respecting,  unless  absolutely 
prevented,  tlie  laws  in  force  in  the  country. 


LAWS  AND    CUS7'0}fS   OF   WAR  157 

Article  44.    Any  compulsion  of  the    population  chapter  iv 
of   occupied  territory  to  take  part  in  military  opera- xo  conscrip- 
tions against  its  own  country  is  prohibited.  *'^"- 

Article  45.  Any  pressure  on  the  population  of  no  oath  of 
occupied  territory  to  take  an  oath  of  allegiance  to'^  egiance. 
the  hostile  Power  is  prohibited. 

Article  46.    Family  honor  and  rights,  individual  individual 
lives  and  private  property,  as  well  as  religious  con vic-[.2p^^^g^ 
tions  and  liberty,  must  be  respected.    Private  property 
cannot  be  confiscated. 

Article  47.    Pillage  is  absolutely  prohibited.  hibited.^^*'' 

Article  48.  If,  in  the  territory  occupied,  the  Taxation, 
occupant  collects  the  taxes,  dues,  and  tolls  imposed 
for  the  benefit  of  the  State,  he  shall  do  it,  as  far 
as  possible,  in  accordance  with  the  rules  in  exist- 
ence, and  the  assessment  in  force,  and  will  in  conse- 
quence be  bound  to  defray  the  expenses  of  the 
administration  of  the  occupied  territory  on  the  same 
scale  as  that  by  which  the  legitimate  Government 
was  bound. 

Article  49.    If,  besides  the  taxes   mentioned    in  contributions. 
the    preceding    Article,    the    occupant    levies    other 
money  taxes  in  the  occupied  territory,  this  can  only 
be  for  military  necessities  or  the  administration   of 
such  territory. 

Article   50.    No  general    penalty,    pecuniary   or  no  general 
otherwise,    can   be    inflicted    on   the    iiopulation    on  P^'l'^l^J  ^"'" 

«      ,  p    .      , .     .  ,       ,         r  1   •    1      •  individual 

account  oi  the  acts  ot  individuals,  tor  which  it  can- acts, 
not  be  regarded  as  collectively  responsible. 

Article  51.    No    tax    shall    be    collected    except  collection  of 
under  a  written  order  and  on  the  responsibility  of  a^^^^^' 
Commander-in-Chief.     This  collection  shall  only  take 


158     THE   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  IV  placG,  as  far  as  possible,  in  accordance  with  the  rules 
in  existence  and  the  assessment  of  taxes  in  force. 
For  every  payment  a  receipt  shall  be  given  to  the 
taxpayer. 

Requisitions.  ARTICLE  52.  Neither  requisitions  in  kind,  nor 
services  can  be  demanded  from  communes  or  inhab- 
itants, except  for  the  necessities  of  the  army  of  oc- 
cupation. They  must  be  in  proportion  to  the 
resources  of  the  country,  and  of  such  a  nature  as  not 
to  involve  the  population  in  the  obligation  of  taking 
part  in  military  operations  against  their  country. 

These  requisitions  and  services  shall  only  be  de- 
manded on  the  authority  of  the  Commander  in  the 
locality  occupied. 

The  contributions  in  kind  shall,  as  far  as  possible, 
be  paid  for  in  ready  money,  if  not,  their  receipt  shall 
be  acknowledg;ed. 

Taking  of  ARTICLE    53.    An   army   of  occupation    can    only 

take  possession  of  the  cash,  funds,  and  property 
liable  to  requisition  belonging  strictly  to  the  State, 
depots  of  arms,  means  of  transport,  stores,  and  sup- 
plies, and,  generally,  all  movable  property  of  the 
State  which  may  be  used  for  military  operations. 

Railway  plant,  telegraphs,  telephones,  steamers, 
and  other  ships,  apart  from  cases  governed  by  mari- 
time law,  as  well  as  depots  of  arms  and,  generally, 
all  kinds  of  war  material,  even  though  belonging  to 
Companies  or  to  private  persons,  are  likewise  mate- 
rial which  may  serve  for  military  operations,  but 
they  must  be  restored  at  the  conclusion  of  peace,  and 
indemnities  paid  for  them. 

Landing  con- 
nections of  M.   de  Bille  of   Denmark  proposed  to  add  to  the 

cables.  second  paragraph  of  this  Article  a  provision  protect- 


LAWS  AND   CUSTOMS   OF    WAR  159 

ing  the  landing  connections  of  .submarine  cables  chapter  iv 
within  the  maritime  territorial  limits  of  the  respec- 
tive States.  The  Government  of  Denmark  had  made 
a  similar  proposition  in  the  Conference  of  Brussels  of 
1874.  The  Danish  delegate  declared  that  he  would 
have  preferred  to  extend  the  protection  of  this  Article 
to  all  submarine  cables  in  their  full  extent,  Ijut  for 
practical  reasons  he  confined  his  proposition  upon 
this  occasion  to  the  protection  of  the  landing  connec- 
tions within  the  limit  of  one  league  from  the  shore, 
hoping  that  the  immense  importance  of  the  subject 
of  protecting  all  submarine  cables  would  cause  it 
to  be  referred  to  a  future  conference.  Lord  Paunce- 
fote,  on  behalf  of  Great  Britain,  declared  that  his 
Government  could  not  consider  this  subject  as  falling 
properly  within  the  jurisdiction  of  a  Committee  hav- 
ing charge  of  the  rules  of  war  on  land ;  and  the 
Danish  delegate,  under  these  circumstances,  with- 
drew his  proposition. 

Article  54.    The  plant  of  railways  coming  from  Railway 
neutral  States,  whether  the  property  of  those  States,  plants. 
or  of  Companies,  or  of  private  persons,  shall  be  sent 
back  to  them  as  soon  as  possible. 

Article  55.    The  occupying  State  shall   only  be  Trusteeship 
reo:arded  as  administrator  and   usufructuarv  of  the  C!  "/'^"^^^"'^ 

'^,  ^.       I      .,  ^.  P  y  .  state. 

public  buildnigs,  real  property,  forests,  and  agricul- 
tural works  belonging  to  the  hostile  State,  and  situ- 
ated in  the  occupied  country.  It  must  protect  the 
capital  of  these  properties,  and  administer  it  accord- 
ing to  the  rules  of  trusteeship. 


1(50     THE   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  IV  AiiTiCLE    50.     Tlio  pr(iperty  of  tlie  municipalities, 

No  damage  that  of  I'digioiis,  cliaritablc,  and  educational  institu- 
permitted  to  tions,  and  tliose  of  arts  and  science,  even  when  State 
property.        property,  shall  be  treated  as  private  property. 

AH  seizure,  destruction,  or  intentional  damage  done 
to  such  institutions,  to  historical  monuments,  works  of 
art  or  science,  is  prohibited,  and  should  be  made  the 
subject  of  civil  and  criminal  proceedings. 


Duty  of 
neutrals  as  to 
belligereut 
troops. 


Their  deten- 
tion. 


SECTION  IV.      ON  THE  DETENTION  OF   BELLIGERENTS  AND 
THE  CARE  OF  THE  WOUNDED,   IN   NEUTRAL   COUNTRIES 

Article  57.  A  neutral  State  which  receives  in 
its  territory  troops  belonging  to  the  belligerent  armies 
shall  detain  them,  if  possible,  at  some  distance  from 
the  theatre  of  war. 

It  can  keep  them  in  camps,  and  even  confine  them 
in  fortresses  or  localities  assigned  for  this  purpose. 
It  shall  decide  whether  officers  may  be  left  at  liberty, 
on  giving  their  parole  that  they  will  not  leave  the 
neutral  territory  without  authorization. 

Article  58.  Failing  a  special  Convention,  the 
neutral  State  shall  supply  the  detained  with  food, 
clothing,  and  relief  required  by  humanity.  At  the 
conclusion  of  peace,  the  expenses  caused  by  the  de- 
tention shall  1)6  repaid. 

Passage  of  ARTICLE   59.    A  ucutral  State  may  authorize  the 

si^klf  nl'T^'i.  Passage,  through  its  territory,  of  wounded  or  sick 
Its  through  belonging  to  the  belligerent  armies,  on  condition 
that  the  trains  bringing  them  shall  carry  neither 
combatants  nor  war  material.  In  such  a  case,  the 
neutral  State  is  bound  to  adopt  such  measures  of 
safety  and  control  as  may  be  necessary  for  the 
purpose. 


Supplies. 


neutral 
territory. 


LAWS  AND   CUSTOMS   OF    WAR  161 

Wounded  and  sick  brought  under  these  conditions  chapter  iv 
into  neutral  territory  by  one  of  the  belligerents,  and 
belonging  to  the  hostile  party,  must  be  guarded  by 
the  neutral  State  so  as  to  insure  their  not  taking  part 
again  in  the  military  operations.  The  same  duty  shall 
devolve  on  the  neutral  State  with  regard  to  wounded 
or  sick  of  the  other  army  who  may  be  committed  to 
its  care. 


Article   GO.     The  Geneva  Convention  applies  to  Application  of 
sick  and  wounded  detained  in  neutral  territory. 


Geneva  Con- 
vention. 


Upon  the  general  value  of  the  two  treaties  set  forth  The  value  of 
in  this  chapter,  the  judgment  of  two  of  the  most  emi- 
nent international  lawyers  of  the  Conference,  may  be 
quoted. 

Professor  Zorn  ^  declares  the  treaty  on  the  exten-  Professor 
sion  of  the  Geneva  rules  to  naval  warfare  to  be  "  a  opi'^nion. 
work  which  can  and  will  receive  the  grateful  appro- 
bation of  all  civilized  States,"  and  he  considers  the 
treaty  on  the  laws  of  war  to  deserve  equal  commen- 
dation. ''  This  work  alone,"  he  continues,  "  would 
suffice  to  give  the  lie  to  the  ignorant  and  frivolous 
critics  who  endeavor  to  characterize  the  labors  of  The 
Hague  with  the  words  '  threshing  out  Russian  straw.'  " 

Professor  de  Martens  of  Russia,  in  an  article  in  the  Professor  de 
North  Aiiierican  Revieic,  for  November,  1899,  says  :  — optniom 

"  The  treaty  on  the  laws  and  customs  of  war  will 
certainly  be  as  notable  as  the  treaty  on  arbitration. 
By  reason  of  this  treaty  the  peaceful  and  unarmed 
inhabitants  of  the  territory  of  belligerents  will  have 

^  Deutsche  Rundschau,  January,  1900,  p.  136. 

M 


ir,2      THE   PEACE    CONFERENCE   AT    THE   HAGUE 

Chapter  IV     the  right  to  demand  that  tlieir  lives,  their  rehgious 

Professor  de    convictioiis,  aiid  their  private  property  shall  be  re- 
Martens'  ,^.  ,    .        .  p  .  , 
opinion.         spected.      i  hrougli  it  prisoners  or  war  will  be  treated, 

not  as  enemies,  but  as  disarmed  and  honorable  adver- 
saries, worthy  of  respect.  Throngh  it  social  institu- 
tions, beneficiary  establishments,  religious,  scientific, 
and  otherwise,  which  find  themselves  on  disputed 
territory,  shall  have  the  right  to  demand  and  to 
exact  of  the  enemy  respect  for  the  inviolability  of 
their  property  and  their  interests. 

"  Finally,  the  Red  Cross  treaty  for  times  of  naval 
warfare,  signed  by  the  Conference  at  The  Hague, 
is  the  happy  solution  of  the  question  which  the 
Powers  of  Europe  have  been  studying  for  thirty 
years.  Since  18G8  the  'Additional  Articles'  to  the 
Treaty  of  Geneva  have  existed,  whereby  the  benefi- 
cent influence  of  the  treaty  of  Geneva  on  wounded 
and  sick  soldiers  was  also  extended  to  sea  combats. 
For  thirty-one  years  diplomatic  negotiations  have 
been  carried  on  on  this  question ;  all  the  Red  Cross 
conferences  wdiich  have  taken  place  in  the  last 
twenty  years  have  proclaimed  the  necessity  of  rec- 
ognizing the  Red  Cross  treaty  for  the  sick  and 
wounded  in  naval  warfare.  But  nothing;  effectual 
was  accomplished  np  to  the  Conference  at  The 
Hague.  It  was  this  Conference  that  caused  the 
final  adoption  by  (twenty-six)  Powers  of  the  prin- 
ciple whereby  the  wounded  in  times  of  naval  war- 
fare shall  have  the  same  right  to  have  their  person, 
their  life,  their  health,  and  their  property  respected 
as  the  wounded  in  case  of  warfare  on  land." 


LAWS  AND   CUSTOMS   OF    WAR  163 

Although  of  secondary  importance  when  compared  Chapter  iv 
to  the  chief  work  of  the  Conference,  it  is  certainly 
a  mistake  for  so-called  ''friends  of    Peace"   to   dis- 
parage the  value  and  significance  of  these  treaties.  Their  value 
The  humanizing  of   war,   while  not  as  inspiring  an  cance  should 
object  as   the   peaceful   adjustment    of   international  ""^i,^,',^^""''^''' 
differences,  is  a  step   in  the  same  direction ;  for  it 
tends,  on  a  comparatively  small  scale,  but  still  most 
effectively,  to  alleviate  suffering  and  to  save  human 
lives.     The  argument  that  war  should    be  made  as  FiUiaoious 
terrible  as  possible,  in  order  to  prevent  it,  logically  Jega^ding 
leads  to  savagery,  no  quarter,  and  the  raising  of  the  ^^'^• 
black  flag.     It  is  cpiite  as  illogical  as  the  exploded 
theory  of  criminal  law,  according  to  which  severity 
of  punishment,  torture,  and  corruption  of  blood  were 
regarded    as   ordinary  deterrent    agencies,  with    the 
result  of   a   frightful   increase  of    the  most    heinous 
crimes,  since  the  punishment   for  them  was   hardly 
more    severe    than    for    minor   offences.      The    Con- 
ference   has    kept    as    closely   as    possible    to    the 
golden    mean    between    the    sentimentality    which 
would    impair   the  efficiency  of    National    Power  at 
a    supreme    crisis,    and    the    demands   of    unbridled 
military  license.     Its    work    in    this    direction    may 
confidently  await  the  verdict  of  history. 


CHAPTER   V 


Diplomatic 
character  of 
the  Avork  of 
the  Third 
Committee. 


Analogy  with 
Constitutional 
Conventions. 


The  President 
and  honorary 
Presidents. 


THE  WORK  OF  THE  THIRD  COMMITTEE:  GOOD  OF- 
FICES, MEDIATION,  INTERNATIONAL  COMMISSIONS 
OF   INQUIRY   AND   ARBITRATION 

The  deliberations  of  the  First  and  Second  Com- 
mittees were  largely,  if  not  wholly,  of  a  technical, 
military,  or  naval  character,  and  the  results  obtained 
could,  perhaps,  have  been  accomplished  by  a  meeting 
of  experts,  corresponding  to  the  famous  assemblies 
of  Geneva  and  Brussels  or  to  the  Postal  and  Marine 
Conferences  of  a  later  date.  The  task  allotted  to 
the  Third  Committee,  on  the  other  hand,  w^as  essen- 
tially diplomatic  in  its  nature,  touching  the  sov- 
ereignty of  States  most  directly,  and  comprising 
possibilities  of  great  and  serious  danger.  The  anal- 
ogy between  this  endeavor  and  the  work  of  Ameri- 
can Constitutional  Conventions  —  notably  the  great 
Convention  of  1787  —  is  not  as  remote  as  it  may 
perhaps  appear  at  first  sight.  A  general  code  or 
Magna  Charta,  guaranteeing  rights  and  imposing 
duties,  even  in  the  most  indefinite  manner,  after 
all  resembles  a  constitution  rather  than  a  treaty, 
and  constructiveness  is  quite  as  essential  to  its  prep- 
aration as  the  spirit  of  compromise. 

The  presidency  of  this  Committee  was  conferred 
upon  M.  Leon  Bourgeois,  the  former  French  Prime 

164 


THE    WORK    OF   THE    rillRD   COMMITTEE        105 

Minister  and  Minister  of  Public  Education,  eminent  Chapter  v 
both  as  an  orator  and  as  a  statesman  of  practical 
judgment,  —  in  other  words,  a  haj)py  combination 
of  idealist  and  opportunist.  The  honorary  Presi- 
dents, Count  Nigra  and  Lord  Pauncefote,  were  both 
renowned  in  diplomacy.  Count  Nigra  had  an  unpar- 
alleled experience  at  Paris,  London,  and  Vienna. 
Lord  Pauncefote  had  won  high  distinction  by  his 
brilliant  service  in  Washington  during  a  particularly 
critical  time,  and  especially  by  the  Pauncefote-Olney 
Treaty  of  Arbitration,  between  the  United  States 
and  Great  Britain,  which  failed  of  ratification  by 
the  United  States  Senate. 

The  Vice-Presidents  were  M.  de  Bille  of  Denmark,  The  vice- 
Baron  d'Estournelles  de  Constant  of  France,  Count 
Macedo  of  Portugal,   M.    Merey  de  Kapos-Mere  of 
Austria-Hungary,  M.  Pompilj  of  Italy,  and  Professor 
Zorn  of  Germany. 

The  other  members  of  the  committee  were  either 
diplomatists  or  lawyers,  Germany  alone  having  added 
General  von  Schwarzhoff  and  Captain  Siegel,  —  mili- 
tary and  naval  experts,  whereas  Prince  Miinster  was 
the  only  chief  delegate  from  any  country  who  was 
not  a  member,  it  being  understood  that  the  reason 
was  his  advanced  age. 

The  complete  list  of  members  was  as  follows  :  —     Members. 

Germany :  Dr.  Zorn,  General  Gross  von  Schwarz- 
hoff, Captain  Siegel. 

United  States  of  America:  Mr.  White,  Mr.  Low, 
and  Mr.  Holls. 


16G      THE   PEACE   CONFERENCE   AT    THE   HAGUE 

Chapter  V  Aiistria-IIuDgarj  :  Count  Welsersheimb,  M.  Okoli- 

Members.       scaiiyi  voii  OkoUsciia,  M.  (le  Merey  de  Kapos-Mere. 

Belgium :  Count  de  Grelle  Rogier,  Chevalier  Des- 
camps. 

China  :  Yang  Yu,  Hoo-Wei-Teh,  Lou-Tseng-Tsiang. 

Denmark:  M.  de  Bille. 

Spain :  The  Duke  of  Tetuan,  M.  de  Villa  Urrutia. 

France :  M.  Bourgeois,  Baron  d'Estournelles  de 
Constant,  M.  Renault. 

Great  Britain  :  Lord  Pauncefote,  Sir  Henry  How- 
ard. 

Greece :  M.  Delyannis. 

Italy :   Count  Nigra,  Count  Zannini,  M.  Pompilj. 

Japan :  Baron  Hayashi,  M.  Moton,  M.  Arriga. 

Luxemburg  :  M.  Eyschen,  Count  de  Villers. 

Mexico :  M.  de  Mier,  M.  Zenil. 

Netherlands  :  Jonkheer  van  Karnebeek,  M.  Asser, 
M.  Rahusen. 

Persia  :  General  Mirza  Riza  Khan,  Arfa-ud-Dovleh. 

Portug;al :   M.  d'Ornellas  Vasconcellos. 

Roumania :  M.  Beldiman,  M.  Papiniu. 

Russia :  M.  Staal,  M.  de  Martens,  M.  de  Easily, 
M.  Raffalovich. 

Servia:  M.  Mijatovitch,  Dr,  Veljkovitch. 

Siam :  M.  Pliya  Suriya,  M.  Corragioni  d'Orelli, 
M.  Rolin. 

Sweden  and  Norway :  Baron  Bildt,  M.  Konow. 

Switzerland  :  Dr.  Roth,  Colonel  Kuenzli,  M. 
Odier. 

Turkey  :  Turkhan  Pacha,  Noury  Bey. 

Bulgaria :  Dr.  Standoff. 


rilE    WORK   OF   TIIIC    TlIUll)    COMMrJ'Ti:/-:         1G7 

The  full  Committee  held  nine  meetings,  on  May  23  Chapter  v 
and  2G,  Jmie  5,  and  July  7,  17,  11),  2(J,  22,  and  25. 

At  the  first  meeting  on  May  23,  Baron  de  Bildtcniimiuiiica- 
of  Sweden  and  Norway  expressed  the  hope  that  the  press, 
communications  to  be  made  to  the  press,  on  the  sub- 
ject of  the  work  of  the  Committee,  should  be  as  full 
as  possible. 

The  eminent  Scandinavian  di})lomatist  and  scholar 
gave  expression  to  a  wish  which  was  shared  by  many 
of  his  colleagues,  but  which,  as  it  soon  became  evident, 
was  utterly  incapable  of  realization.  In  some  respects 
this  was  most  regrettable.  No  important  undertak- 
ing, it  may  safely  be  said,  has  suffered  more  from 
misunderstanding  and  hostile  or  unjust  criticism,  than 
the  Peace  Conference,  and  this  was  largely,  if  not 
wholly,  due  to  the  attitude  of  the  daily  press  during  The  attitude 
the  continuance  of  the  sessions.  Prominent  journal- *^^'  ^^^^'^*'®^' 
ists  from  both  hemispheres  were  present  in  great 
number  on  the  day  of  the  opening.  Many  of  them 
apparently  expected  dramatic  or  even  sensational  de- 
velopments, exuberant  oratory,  or  perhaps  interesting 
diplomatic  combinations  and  intrigues.  The  spectacle 
of  a  hundred  representative  men,  avoiding  all  ostenta- 
tion or  display,  quietly  and  seriously  proceeding  to 
consider  practical  questions  in  a  practical  manner, 
seemed  an  anticlimax,  and  the  "  failure  "  of  the  Con- 
ference to  "  decree  disarmament  "  was  eaoerlv  seized 
as  a  welcome  pretext  for  a  dismissal  of  the  subject 
of  the  Conference  with  a  contemptuous  smile  or  a 
shrug  of  the  shoulders.  Most  of  the  journalists  left 
The  Hague  before  the  end  of  May. 


108     THE   PEACE    CONFERENCE   AT   TJJJC    IIACUE 

Chapter  V  Possibly  fuller  reports  of  the  discussions,  even  in 

the  Committees,  would  have  sufficed  to  change  the 
attitude  of  the  press,  —  but  it  may  well  be  doubted. 
On  the  other  hand,  there  can  be  no  question  that  but 

Necessity  of  for  the  SGcrecj  surrounding  the  deliberations,  espe- 
cially of  the  Cornite  cVExamen,  it  would  have  been 
impossible  to  remove  some  of  the  more  serious  diffi- 
culties, and  the  Conference  would  have  broken  up 
without,  perhaps,  accomplishing  anything,  and  hav- 
ing by  its  very  failure  done  immense  and  irreparable 
damage  to  every  peaceful,  progressive,  and  civilizing 
interest  in  the  world. 

As  it  was,  votes  of  no  significance  whatever,  on 
purely  routine  questions,  which  leaked  out,  were 
magnified  into  alliances,  and  various  myths  about 
the  attempts  of  this  or  that  Power  to  "  sow  discord  " 
or  to  "  thwart  the  objects  of  the  Conference  "  obtained 
currency  and  belief,  which  lingered  after  the  adjourn- 
ment of  the  Conference. 

A  departure  for  any  reason  from  the  safe  rule  of 
privacy  during  the  continuance  of  the  work  would 
have  done  irreparable  damage  at  The  Hague,  and  the 
same  is  likely  to  remain  true  in  future  Conferences. 
That  this  need  not  imply  the  slightest  neglect  of 
the  tremendous  power  of  the  press  is  shown  by  the 
fact  that  a  thoughtful  and  thoroughly  competent 
journalist,  such  as  the  correspondent  of  the  London 
Times,  found  no  difficulty  in  furnishing  reports  which, 
while  violating  no  confidence,  still  kept  his  constitu- 
ency fully  and  accurately  informed  of  the  general 
progress  of  the  work  of  the  Conference. 


THE    WORK   OF   THE    THIRD    COMMITTEE         109 

As  in  the  case  of  the  discussion  of  the  work  of  the  chapter  v 
First  and  Second  Committees,  repetition  lias  been 
avoided  by  describing  the  action  both  of  the  various 
Committees  and  of  the  Conference  under  the;  head  of 
the  appropriate  articles  of  the  proposed  treaties.  A 
separate  account  of  the  consecutive  meetings  of  the 
Third  Committee  is  thereby  rendered  unnecessary. 

The  Comite  d'Examen 

At  the  session  of  the  Third  Committee  on  May 
26,  the  Chairman,  M.  Bourgeois,  suggested  that  all 
propositions  on  the  subject  of  Good  Offices,  Media- 
tion, and  Arbitration  should  be  first  referred  to  a 
Special  Committee  of  Examination  [Comite  cV Examen) 
which  should  be  directed  to  report  the  text  of  a  pro- 
posed treaty  to  the  full  Committee.  Count  Nigra 
of  Italy  made  a  formal  motion  to  this  effect,  which 
was  unanimously  adopted. 

On  motion  of  Chevalier  Descamps  of  Belgium  the  Mode  of 
appointment  of  this  Special  Committee  was  left  to 
the  '^  Bureau  "  of  the  Committee  :  viz.,  the  Honorary 
Presidents,  President,  and  Vice-Presidents,  subject  to 
the  ratification  of  the  full  Committee.  A  recess 
was  taken  for  the  purpose  of  giving  these  officers 
an  opportunity  to  confer. 

Upon  the  reassembling  of  the  Committee,  the  Member.shii). 
following  members  were  appointed  on  the  Comite 
cCExmnen :  Messrs.  Asser  of  Holland,  Descamps  of 
Belgium,  Baron  d'Estournelles  de  Constant  of  France, 
Holls  of  the  United  States  of  America,  Lammasch  of 
Austria-Hungary,  De    Martens   of  Russia,   Odier    of 


170    77/a;  pi: ace  coxficiience  at  the  iiacue 

I'hnpter  V  Switzerland,  tiiid  Zorn  of  Gorinany.  The  Chairman 
Membership,  of  the  Third  Committee,  M.  Bourgeois,  usually  pre- 
sided at  tlie  meetings  of  the  Coiulte  d" Examen,  and 
the  Honorary  Presidents,  Count  Nigra  and  Lord 
Pauncefote,  were  regular  and  active  attendants. 
The  President  of  the  Conference,  M.  de  Staal,  M. 
Easily  of  Russia,  and  Jonklieer  van  Karnebeek  of 
Holland,  also  attended  with  more  or  less  regularity. 
Chevalier  Descamps  was  chosen  reporter  of  the  Com- 
mittee, and  Baron  d'Estournelles,  secretary.  The 
latter  was  ably  assisted  by  M.  Jarousse  de  Sillac, 
one  of  the  secretaries  of  the  Conference.  Besides 
the  members,  various  delegates  attended  particular 
meetings  by  invitation,  notably  Baron  de  Bildt  of 
Sweden,  Count  Macedo  of  Portugal,  Messrs.  Beldi- 
man  and  Papiniu  of  Roumania,  Delyannis  of  Greece, 
Professor  Renault  of  France,  M.  Rolin  of  Siam,  and 
Messrs.  Mijatovich  and  Veljkovicli  of  Servia. 
Importance  The  Comite  cV Exmiien  rapidly  and  quite  unexpect- 
of  the  com-     g^j^jy  bccame  the  centre  of  interest  in  the  entire  Con- 

mittee.  -^ 

ference.  The  most  important  declarations  of  the 
various  Governments  were  made  at  its  meetings,  and 
it  was  soon  evident  that  the  question  of  the  success 
or  failure  of  the  Conference  as  a  whole  depended 
almost  entirely  upon  the  chance  of  unbroken  har- 
mony in  this  Committee.  Accordingly,  when  for  a 
time  there  appeared  to  be  danger  that  at  least  one 
great  Power  — the  German  Empire  —  might  discon- 
tinue its  cooperation  in  the  establishment  of  the 
permanent  Court  of  Arbitration,  the  sessions  were 
suspended  In'  common  consent,  in  order  to  give  an 


THE    WORK   OF   Till':    Til  IB,])    COMMITTEE        171 

opportunity  to  the  German  representative,  Dr.  Zorn,  Chapter  v 
to  proceed  to  Berlin  in  order  to  discuss   the   objec-xegotiatious 
tions  which  had  been   raised,  which  were  technical,' 
though  by  no  means  frivolous,  in  their  nature.     At 
the  suggestion  of    Prince  Miinster  and  Ambassador 
White,   and  with    the    cordial    assent   of   the    other 
members  of  the  Connnittee,  Mr.  Holls  of  the  United 
States  also  went  to  consnlt  with  Prince  Ilohenlohe 
and  Count  von  Blilow  npon  the  same  snbject,   and 
the   joint    efforts    of   the    two    delegates  were  com- 
pletely successful.     Other  similar  crises  were  happily 
averted  without  friction  or  publicity. 

The  Committee  met  at  first  in  the  famous  Chinese  Meetings, 
room  of  the  House  in  the  Wood,  but  most  of  its 
sessions  were  held  in  the  beautiful  and  historical 
Salle  de  Treves  in  the  Binnenhof,  in  the  city  of  The 
Hague.  The  Committee  held  eighteen  sessions,  usu- 
ally on  Mondays,  Wednesdays,  and  Fridays,  most  of 
them  lasting  from  two  till  six  in  the  afternoon,  and 
the  discussions  were  often  of  the  greatest  interest. 
While  the  ordinary  language  used  was,  of  course, 
French,  the  familiarity  of  nearly  all  the  members 
with  English  and  German  led  to  the  occasional  use 
of  these  languages  —  the  secretary,  Baron  d'Estour- 
nelles,  giving  notable  assistance  in  the  way  of  imme- 
diate, accurate,  and  graceful  translation. 

Beyond    any  doubt,  the  work  of   this  Committee  personal 
will  remain,  to  those  who  were  privileged   to   take^*^'"'" 
part,    the   most    memorahle    feature    of    the    entire 
Conference.     Bound  together  by  a  common  endeavor 
to  accomplish  what   was   recognized    as  an   end    as 


17_>      THE  PEACE   CONFERENCE  AT   THE   HAGUE 

Chapter  V      iioble  iis  it  was  difficult,  the  members  soon   dropped 
Personal        di})lomatic    rescrve.       Sincere    personal    esteem,    as 

remarks.  .  i     r   n  i  • 

well  as  geniune  good  lellowship,  appeased  even  the 
most  serious  differences  of  opinion.  The  absorbing 
interest  shown  in  the  work  by  the  members  them- 
selves is  evidenced  by  the  fact  that  from  first  to  last 
no  member  w^as  absent  from  any  meeting,  save  only 
M.  Bourgeois,  when  summoned  to  Paris  by  the  oft'er 
of  the  Premiership  of  France,  and  M.  de  Martens 
when  on  duty  as  President  of  the  High  Court  of 
Arbitration  between  Great  Britain  and  Venezuela. 
The  plan  and  scope  of  this  work  preclude  much 
narration  of  a  personal  nature,  wdiich  otherwise 
might  not  be  wholly  without  interest.  It  may,  how- 
ever, perhaps  be  permissible  to  make  more  than  a 
passing  reference  to  the  delightful  hours  spent  in  the 
company  of  these  men. 

To  listen  to  the  diplomatic  wisdom  of  veteran 
statesmen  like  Baron  de  Staal,  Count  Nigra,  and 
Lord  Pauncefote ;  to  hear  the  profoundest  problems 
of  International  Law  debated  thoroughly  and  most 
brilliantly  by  authorities  like  De  Martens,  Asser, 
Descamps,  Lammasch,  and  Zorn ;  to  observe  the 
noble  idealism  of  Baron  d'Estournelles,  the  sound 
judgment  of  M.  de  Basily  and  Jonkheer  van  Karne- 
beek,  and  the  unerring  prudence  of  Switzerland's 
efficient  representative,  M.  Odier,  —  and  finally,  to 
watch  the  perfection  of  decision  and  tact  in  the  firm 
but  most  amiable  management  of  all  these  various 
elements  by  the  Chairman,  M.  Bourgeois,  —  all  this 
would  in  itself  be  of   sufficient   general   interest  to 


THE  WORK   OF   THE    THIRD   COMMITTEE        173 

deserve  an  enduring  record.  Unfortunately,  this  is  chapter  v 
impossible,  for  in  the  absence  of  a  stenographic 
report,  by  far  the  greater  and  better  part  of  the 
debates  —  the  animated  discussions  —  are  necessarily 
lost.  The  admirable  ^^roce.s  verheaux  of  Baron 
d'Estournelles  summarize  most  accurately  the  action 
taken,  as  well  as  many  of  the  speeches  made,  and 
they,  together  with  the  present  writer's  own  recol- 
lections and  memoranda,  form  the  basis  of  most  of 
the  narrative  which  is  hereinafter  given,  under  the 
appropriate  article.  One  further  personal  remark 
may  be  pardoned. 

To  every  member  of  the  Cotnite  d' Examen,  without 
exception,  the  author  is  under  the  deepest  obligation 
for  acts  of  personal  kindness  and  good  will  too  num- 
erous to  mention,  and  the  knowledge  that  these  were 
intended  also  as  proofs  of  friendship  for  the  great 
Republic  which  he  had  the  honor  to  represent, 
serves  only  to  increase  his  sincere  gratitude.  From 
first  to  last,  there  is  not  one  jihase  of  the  Committee's 
work,  nor  of  his  intercourse  with  each  of  its  members, 
of  which  he  cannot  sincerely  and  thankfully  say : 
Haec  olim  metninisse  juvahit. 


The  Convention  for  the  Peaceful  Adjustment  of 
International  Differences 

The  Convention  for  the  peaceful  adjustment  of 
international  disputes,  dated  and  signed  July  29th. 
1899,  requires  comparatively  little  commentary  or 
explanation.     A  code  of  rules  for  international  inter- 


Preamble. 


174      THE  PEACE   CONFERENCE   AT   THE   HAGUE 

Chapter  V  coursG  IS  iicaturally  more  simple  than  a  code  of  law 
for  individuals,  since  questions  arising  between  States, 
multifarious  and  complex  as  they  may  be,  are  still 
simplicity  itself  when  compared  to  the  innumerable 
jural  relations  of  private  and  municipal  life. 

The  full  text  of  the  Convention  is  here  given,  and 
besides  the  official  minutes,  the  report  made  to  the 
Conference  on  behalf  of  the  Comite  d'Exarnen  by 
Chevalier  Descamps  has  of  course  been  taken  as  the 
basis  of  the  commentary,  without,  however,  diminish- 
ing the  present  writer's  own  responsibility. 

The  Treaty  begins  as  follows  :  — 

The  Sovereigns  and  Heads  of  State  [here  follow 
the  names]  represented  at  the  Conference,  animated  by 
a  strong  desire  to  cooperate  for  the  maintenance  of 
general  peace  : 

Resolved  to  second  by  their  best  efforts  the  friendly 
settlement  of  international  disputes  : 

Recognizing  the  solidarity  which  unites  the  mem- 
bers of  society  of  civilized  nations  : 

Desirous  of  extending  the  empire  of  law,  and  of 
strengthening  the  appreciation  of  international  jus- 
tice : 

Convinced  that  the  permanent  institution  of  a 
Court  of  Arbitration,  accessible  to  all,  in  the  midst 
of  the  independent  Powers,  will  contribute  effectively 
to  this  result : 

Having  regard  to  the  advantages  attending  the 
general  and  regular  establishment  of  arbitral  pro- 
cedure : 

Sharing  the  opinion  of  the  August  Initiator  of  the 


THE  ARBITRATION  TREATY  175 

International  Peace  Conference  that  it  is  expedient  chapter  v 
to  record  in  an  international  Agreement  the  principles 
of  equity  and  right  upon  which  repose  the  security 
of  States  and  the  welfare  of  peoples : 

Being  desirous  of  concluding  a  Convention  to  this 
effect,  having  appointed  as  their  Plenipotentiaries, 
to  wit :   [here  follow  the  names] . 

TITLE    I.     ox    THE    MAINTENANCE    OF    GENERAL    PEACE 

Article  1.     With  a  view  to   obviate,  as   far   as  The  main- 
possible,  recourse  to  force  in  the  relations  between  *^"'^"''?  °^ 

CI  ii        CI-  -r»  1-1  general  peace. 

otates,  the  signatory  Powers  agree  to  use  their  best 
efforts  to  insure  the  peaceable  adjustment  of  inter- 
national differences. 

This  article,  which  is  simply  a  general  indication 
and  declaration  of  purposes,  is  intentionally  drawn 
so  as  to  commit  the  Signatory  Powers  to  the  employ- 
ment of  "  their  best  efforts  "  to  insure,  ''  as  far  as 
possible,"  the  peaceful  adjustment  of  any  international 
differences,  without  respect  to  the  question  as  to 
whether  these  latter  may  arise  between  Signatory 
Powers,  or  between  a  Signatory  Power  and  a  Non- 
Signatory  Power,  or  between  Non-Signatory  Powers 
only.  All  the  following  provisions  of  the  treaty  re- 
garding the  application  of  any  of  the  detailed  regula- 
tions are  carefully  restricted  in  their  application  to 
differences  between  two  or  more  Signatory  Powers, 
and  the  employment  of  any  one  of  the  means  sug- 
gested is  restricted  to  cases  "  where  circumstances 
permit." 

The  care  will  be  noted  with  which  the  idea  of  the 


176     THE  PEACE   CONFERENCE   AT   THE   HAGUE 


Chapter  V 

Respect  for 
sovereignty 
once  estab- 
lished. 


complete  sovereignty  of  each  State,  regardless  of  its 
size  or  power,  has  been  safeguarded,  })rovided  only 
that  this  status  has  once  been  admitted,  and  that  it 
is  not  itself  the  subject  of  controversy.  While  there- 
fore the  provisions  of  this  article  undoubtedly  open 
the  door  to  the  employment  of  the  best  efforts  of 
any  or  all  of  the  Signatory  Powers,  to  insure  the 
peaceful  adjustment  of  any  or  all  international  dif- 
ferences, even  between  tw^o  semi-civilized  or  savage 
States,  the  article  could  not  be  used  as  a  cover  for 
any  effort  to  interfere  in  any  struggle  wherein  the 
complete  sovereignty  or  independence  of  either  party 
is  the  real  object  at  stake. 


TITLE    II.     ON"    GOOD    OFFICES    AND    MEDIATION 

Good  offices        ARTICLE  2.    In  casc  of  a  serious  disagreement  or 
Xn'"^'^'^'     coi^flict,   before  an    appeal   to    arms,    the    Signatory 
Powers  agree  to   have    recourse,  as   far   as   circum- 
stances will  allow,  to  the  good  offices  or  mediation 
of  one  or  more  friendly  Powers. 

This  article  reaffirms  the  principles  of  the  Declara- 
tion of  Paris  of  1856,  as  follows  :  — 

"  The  Plenipotentiaries  in  the  name  of  their  Gov- 
ernments express  the  solemn  wish  that  States  be- 
tween whom  a  serious  disagreement  arises,  may, 
before  an  appeal  to  arms,  have  recourse,  as  far  as 
circumstances  allow,  to  the  good  offices  of  a  friendly 
Power." 

The  use  of  good  offices  and  mediation  finds  its 
general  justification  in  the  ties  which  bind  together 
the  international  society  of  civilized  States,  and  is, 


Declaration  of 
Paris. 


THE   ARBITRATIOX   TREATY  177 

moreover,  designed  to  discredit  the  use  of  armed  con- chapter  v 
tiicts  as  a  means  of  settling  international  differences, 
in  the  general  interest  of  humanity  and  peace.     The 
incalculable  damage  which  modern  war  may  easily  justification 
inflict  even  upon  States  which  are  strangers  to  the  ^°.tiJ.ies_ 
conflict  itself,  make  the  employment  of  good  offices 
and    mediation   more    necessary    than    ever    before, 
whether  for  the  prevention  or  settlement  of  armed 
conflicts. 

There  is  a  nominal  difference   only,  between   good  Difference 
offices  and  mediation,  and  practically  both  of  these  oJ^^'^^HT*^ 
means  of  action  are  distinguished  less  by  their  ii^trin- '"^'^''^*'^"* 
sic  quality,  than  by  the  extent  to  which  they  contrib- 
ute toward  a  friendly  understanding.    In  other  words, 
good  offices  constitute  a  mild  and  more  general  form 
of   mediation.       Very   often    mediation    follows  the 
extending  of  good  offices,  and  a  third    Power  which 
has  begun  to  reestablish  relations  between  the  Pow- 
ers in  conflict  is  requested   to  participate  in  the  fur- 
ther negotiations :   sometimes  even  to  conduct  them. 
Diplomatic  usage  therefore  makes  no  real  distinction 
between  good  offices    and  mediation,  —  the    present 
treaty  in  using  both  expressions  looks  simpl}^  toward 
a  conciliatory  interposition. 

The  great  advantage  of  mediation,  when  compared  Advantage  of 
to  other  means  calculated  to  settle  international  con- 
flicts, is,  above  all,  the  remarkable  elasticity  of  its  ac- 
tion, and  the  possibility  which  it  affords  of  adapting 
itself  to  particular  circumstances  in  each  given  case. 
Addressing  itself  to  the  free  consent  of  the  parties, 
mediation  by   no    means  threatens    the   principle  of 


ITS     77//-;   PEACE    CONFERENrE    AT   THE    HAGUE 

ciiMptcr  V  their  sovereignty  any  more  than  the  liherty  or  mde- 
Advaiiui-e  of  pendence  of  States.  It  acts  by  influencing  their  free 
will,  without  in  the  least  impairing  it,  or  even  throw- 
ing doubt  upon  it.  By  the  very  fact  that  good  offices 
and  mediation  must  proceed  in  tlie  most  friendly  and 
courteous  manner,  and  can  never  exceed  the  bounds 
of  conciliatory  advice,  they  offer  the  double  advan- 
tage of  first,  leaving  entirely  intact  the  indepen- 
dence of  the  Powers  addressed,  and  secondly,  of  being 
entirely  available,  not  only  for  conflicts  of  right,  but 
also  for  those  of  interest,  thus  adding  materially  to 
the  resources  available  for  the  preservation  of  joeace. 
It  would  seem  that  this  instrument  of  ordinary  diplo- 
matic practice,  handled  with  tact  and  skill,  and 
directed  by  a  sincere  desire  to  serve  the  cause  of 
peace,  is  destined  to  play  in  the  future  a  striking 
and  beneficial  role.  At  the  same  time  it  must  be 
confessed  that  up  to  this  time  mediation  has  played 
one  of  the  most  modest  parts  in  the  settlement  of 
international  controversies,  and  this  fact  will  appear 
most  clearly  from  the  history  of  recent  conflicts.  If 
the  reason  is  sought,  it  will  be  found  that  the  question 
of  mediation  is  usually  put  in  a  manner  which  is 
as  unsatisfactory  in  theory  as  it  is  in  the  practice  of 
International  Law. 
Former  agree-  The  treaty  of  Paris  and  the  Protocol  of  the  Con- 
™'j;;^.^'"''''"'-gress  of  Paris,  as  well  as  the  treaty  regarding  the 
Congo,  signed  in  Berlin  in  1885,  all  impose  the  obliga- 
tion upon  the  parties  in  conflict  of  "having  recouj-se  to 
the  mediation  of  one  or  more  neutral  Powers."  This 
character  of  mediation,  most  irregular  in  theory,  has 


THE    ARIilTRATIOX    TREATY  179 

the  further  disadvantage  of  being  quite  iniattainable  chapter  v 
ill  practice.  The  request  for  mediation  necessarily 
presupposes  a  preliiiiinaiy  agreement  between  the 
interested  States  on  the  subject  of  the  necessity  for 
it,  and  of  the  existence  of  the  proper  occasion.  Such 
an  agreement  is  hardly  ever  possible  in  tlie  excite- 
ment of  a  controversy  between  diametrically  oppos- 
ing interests.  At  all  events,  it  is  out  of  the  question 
to  make  the  recourse  to  mediation  obligatory  for  the 
States  whose  interests  are  at  stake,  for  the  reason 
that  the  very  request  presupposes  an  agreement  of 
the  parties  concerned  regarding  the  choice  of  the 
mediator.  If,  nevertheless,  treaties  impose  such  a 
duty  upon  States  in  case  of  controversy,  they  generally 
remain  a  dead  letter,  for  no  treaty  can  oblige  States 
in  dispute  to  limit  their  choice  to  such  or  such  a 
mediator.  These  facts  are  proven  by  the  entire 
history  of  international  relations  since  the  time  of 
the  Congress  of  Paris  of  185G.  During  this  period 
there  have  been  several  cases  when  neutral  States,  on 
the  basis  of  Article  23  of  the  Congress  of  Paris,  have 
proposed  their  mediation  or  good  offices  to  States 
in  conflict,  but  there  has  not  been  a  sim/Ie  case  when  Mediation  has 
any  States  in  conflict  have  addressed  to  neutrals  a"oked!^"'"' 
request  for  mediation.  In  1898,  during  the  contro- 
versy betw^een  France  and  Great  Britain,  concerning 
Fashoda,  neither  one  nor  the  other  of  these  Powers 
dreamed  of  having  recourse  to  the  provisions  estab- 
lished by  the  Conference  of  Berlin  in  1885,  and  re- 
questing the  mediation  of  a  third  Power.  Other 
and  similar  examples  could  easily  be  cited. 


180     THE    PEACE    COXFKRENCE   AT    THE    HAGUE 

Chapter  V  As  to  tliG  obligation  of  neutral  States  to  offer  their 

Offer  of  mediation  to  States  in  conflict,  so  far  as  it  has  not 
mn  favored  bccn  defined  by  treaties,  it  lias  never  been  recognized 
heretofore.  ^^  observed.  In  fact,  so  far  as  any  such  duty  is  con- 
cerned, many  writers  on  International  Law  not  only 
affirm  that  neutral  States  are  not  so  obliged,  but, 
more  than  that,  they  almost  deny  their  right  to  offer 
their  mediation  to  States  in  conflict. 

Bluntschli  and  Heffter  regarded  mediation  as  dan- 
gerous and  harmful  m^eddling.  Hautefeuille  and 
Galiani  advised  States  ordinarily  to  abstain  from 
mediation,  for  fear  of  alienating,  without  any  reason, 
the  sympathies  of  one  or  the  other  parties  to  the 
conflict.  Numerous  examples  of  serious  disagree- 
ments might  be  cited,  which  resulted  in  war,  but 
which  never  suggested  to  neutral  Powers  an  attempt 
at  mediation ;  yet  such  an  effort,  especially  in  cases 
where  it  could  be  made  simultaneously  by  several 
Powers,  might  have  averted  wars,  the  consequences 
of  which  have  been  incalculable  for  all  the  States 
constituting  international  society.  In  many  cases 
the  proposition  of  mediation  has  been  made  so  late, 
and  in  such  uncertain  terms,  that  it  could  no  longer 
prevent  a  declaration  of  war. 

It  was  thus,  for  instance,  that  the  French  Govern- 
ment in  1870  refused  the  good  offices  of  Great  Britain 
at  the  outbreak  of  the  conflict  between  France  and 
Germany. 
Mediation  to  Mediation  is  often  proposed,  not  with  the  object  of 
war!'"""*" ""  preventing,  but  with  that  of  terminating  a  war. 
Several   recent   w^ars  —  those    between    Austria    and 


THE   ARBITRATION   TREATY  181 

Prussia  in  186G,  between  Chile,  Peru,  and  Bolivia  chapter  v 
in  1882,  and  between  Greece  and  Turkey  in  1897, 
besides  some  others,  were  terminated  through  the 
mediation  of  neutral  Powers.  Had  the  same  Powers 
shown  half  the  energy  in  attempting  to  prevent 
these  conflicts,  it  is  fair  to  assume  that,  at  least  in 
the  two  latter  cases,  the  outbreak  of  hostilities  might 
have  been  averted. 

In    view    of   all    these    facts,    it  was  but  natural  Mediation 
that  the  Conference  should  have  established  media-aperinanent 
tion   as   a  permanent   institution.     The  principle  of  ^"^^"'""""' 
isolation  which  hitherto  has   almost  dominated   the 
political  existence   of    every  nation,    must  hereafter 
give  way  to  a  close  solidarity  of  interests  and  a  com- 
mon participation  in  the  moral  and  material  benefits 
of  civilization.     Modern  States  cannot  remain  indif- 
ferent to  international  conflicts,  no  matter  where  they 
may    arise,  and    who    may   be   the    parties.     Under 
present  conditions,  war,  though  between  two  States 
only,  must  be  regarded  as  an  international  evil,  which 
should  be  prevented  wherever    possible,  by  interna- 
tional means. 

It  must  not,  however,  be  understood  that  the  good 
offices  of  other  Powers  are  unreservedly  recognized  Not  to  be  con- 

T  J 1       1        r*  •  T  ^'     ^       fouuded  with 

as  an  every-day  method  oi  appeasmg  ordmary  diplo- meddling, 
matic  differences.  The  language  used  is  "  In  case  of 
serious  disagreements  or  conflicts,  before  an  appeal 
to  arms."  Outside  of  these  comparatively  narrow 
limits,  the  offer  of  good  offices  or  mediation  would 
constitute  simple  meddling,  without  justification  and 
not  without  damrer. 


182     THE   PEACE    CONFERENCE   AT   THE    11A<;UE 

Chapter  V  111    tliG    disciissioii    of   tlus  article    in   the    Comite 

The  restrif-     (V Exw^cii,  tlic  luse  o£  tlic  words  "  cis  far  as  circLim- 

tion  "  as  far  mi       n  "  i   •  i  ^ 

ascircuui-  stanccs  Will  allow  was  objected  to  upon  the  ground 
allow!" ^'  that  such  a  Ihnitation  practically  defeated  the  object 
of  the  article.  M.  Asser  of  Holland  pomted  out  that 
an  obligation  which  naturally  had  no  sanction  to 
enforce  it,  would  seem  to  have  become  invalidated 
entirely  with  the  addition  of  such  a  general  clause, 
but  the  Committee  shared  the  views  expressed  by 
M.  Bourgeois  of  France,  that  the  article  was  at  best  a 
very  general  statement  of  principle,  the  application 
of  which,  to  the  most  diverse  states  of  fact  it  was 
impossible  to  foresee.  It  seemed  prudent  to  avoid 
making  it  absolute  and  thus  incur  an  opposition 
which  might  be  fatal  to  the  entire  Convention. 

An  attempt  was  made  to  have  the  qualifying 
phrase  read  "  so  far  as  exceptional  circumstances 
may  not  prevent,"  but  finally  it  was  decided  that  the 
safest  and  most  satisfactory  expression  was  that  of 
the  text. 

Article  3.  Independently  of  this  recourse,  the 
Signatory  Powers  consider  it  to  be  useful,  that  one  or 
more  Powers  who  are  strangers  to  the  dispute  should, 
on  their  own  initiative,  and  as  far  as  circumstances 
will  allow,  offer  their  good  offices  or  mediation  to  the 
States  at  variance.  The  right  to  offer  good  offices  or 
mediation  belongs  to  Powers  who  are  strangers  to  the 
dispute,  even  during  the  course  of  hostilities.  The 
exercise  of  this  right  shall  never  be  considered  by 
one  or  the  other  of  the  parties  to  the  contest  as  an 
unfriendly  act. 


THE    ARllITRATION    TREATY  183 

The    subject    of    this    article  —  tlie    offer    of    good  Chapter  v 
offices    jiik]     mediation  —  is    most     important.     The  The  offer  of 

•     T  1  1    •  f'p         1  1    •    1  •    1       -  good  ottices 

riglit  to  make  this  otter  has  hitherto,  witli  tew  excep- and  media- 
tions noted  al)ove  under  Article  2,  been  regarded  as*^°"' 
inherent  in  every  State  in  the  interests  of  humanity 
at  large,  and  by  virtue  of  Article  27  of  the  present 
Convention,  it  must  hereafter  also  be  regarded  in  the 
light  of  a  duty,  based  upon  facts  and  conditions 
agreed  upon  by  the  society  of  civilized  nations.  The 
power  to  offer  good  offices  is  inherent  in  the  indepen- 
dence and  sovereignty  of  States,  inasmuch  as  it  is 
identical  in  most  cases  with  the  rio;ht  of  watchino; 
and  protecting  their  own  individual  interests.  The 
necessary  safeguard  is  to  be  found,  not  in  denying 
the  existence  of  this  right  or  in  discouraging  its  exer- 
cise, but  in  the  recognition  of  the  corresponding  right 
on  the  part  of  other  independent  nations  to  refuse  the 
offer. ^     M.  Veljkovitch  offered  an  amendment  to  the 

1  A  perfect  example  of  the  tender  of  good  offices,  as  distinguished 
from  mediation,  may  be  found  in  the  action  of  the  American  Govern- 
ment in  answer  to  the  petition  of  tlie  South  African  Republics  in 
March,  1900,  althougli  the  correspondence  in  this  case  is  cliaracter- 
ized  by  an  inaccui'ate  use  of  the  word  "  intervention,"  in  the  original 
request  of  the  Republics.  The  Secretary  of  State  communicated  the 
request  to  the  British  Government,  by  way  of  friendly  good  offices, 
adding  that  the  President  "hoped  that  a  way  to  bring  about  peace 
may  be  found,"  and  saying  that  "  he  would  be  glad  to  aid  in  any 
friendly  manner  to  promote  so  happy  a  result."  In  reply,  the  British 
Government  "  thanked  the  President  for  the  friendly  interest  shown 
by  him,"  adding  that  "Her  Majesty's  Government  cannot  accept  the 
intervention  of  any  other  Power"  —  the  word  "intervention"  being 
of  necessity  used,  although  "good  offices"  was  really  meant. 

The  general  effort  of  the  European  Powers  to  avert  the  Spanisli- 
American  War  of  1898  may  also  be  cited  in  this  connection,  though 


Ibl     THE   PEACE    CONFERENCE   AT    THE    HAGUE 

Chapter  V  Article  recognizing  the  right  to  refuse  the  offer  of 
Refusal  of  the  good  officcs  iuid  mediation  in  terms,  and  stating  that 
a  refusal  should  not  be  considered  as  an  unfriendly 
act.  Although  the  correctness  of  his  point  of  view 
was  fully  recognized,  the  Committee  on  Arbitration 
did  not  deem  it  Avise  or  necessary  to  provide  for  such 
an  eventuality  in  the  very  text  of  the  Convention. 
The  importance  of  the  spontaneous  offer  of  good 
offices  and  mediation  on  the  part  of  a  third  Power 
will  be  recognized,  when  the  difficulty  is  realized  with 
which  States,  in  controversy,  or  after  the  exchange  of 
severe  diplomatic  notes,  can  ever  be  brought  to  an 
agreement  regarding  a  joint  recourse  to  some  medi- 
ating Power.  Unfortunately  such  an  attempt  has 
hitherto  been  surrounded  by  so  many  obstacles,  that 
Powers  who  are  most  sincerely  desirous  of  helping  to 
safeguard  the  interests  of  peace  are  driven  to  content 
themselves  with  complete  inaction.  Under  these  cir- 
cumstances, it  seems  most  important  to  recognize  in 
advance,  and  without  ambiguity,  in  a  Convention  ex- 
pressing the  judgment  of  all,  the  exact  status  in 
International  Law  of  useful  efforts  in  this  direction. 
In  this  manner,  mutual  good  will  is  encouraged,  and 
estrangement,  by  reason  of  an  offer  in  the  interests 
of  peace,  will  be  avoided.  Tlie  limitation  in  the 
Article  "  so  far  as  circumstances  may  allow  "  again 
indicates  that  there  is  no  intention  to  encourage  in- 
opportune  intervention.      In   other  words,  a  j)recise 

definition  is  more  diflBcult  in  that  case.  The  fact  is,  that  hardly  any 
two  examples  will  be  found  to  resemble  each  other  closely,  and  the 
subject  needs  further  development  by  experience. 


THE   ARBITRATION    TREATY  185 

knowledge  of  the  facts  and  saving  common  sense  arecbai-turv 
recognized  as  being  not  less  important  and  necessary 
than  a  desire  for  peace. 

Upon  the  motion  of  Count  Nigra  the  second 
paragraph  giving  the  right  to  extend  good  offices  or 
mediation  even  during  the  course  of  hostilities  was 
inserted,  and  the  same  statesman  was  the  author  of  the 
last  paragraph,  which  is  in  the  nature  of  a  guarantee 
to  Powers  disposed  to  interest  themselves  on  behalf 
of  general  peace,  that  in  no  event  shall  the  expres- 
sion of  their  good  will  be  regarded  in  the  Inter- 
national Law  of  the  future  as  unfriendly,  or  lead  to 
unpleasant  complications. 

Article  4.    The  part  of  the  mediator  consists  in  Duty  of  the 
reconciling  the  opposing  claims  and  in  appeasing  the  ™®'^*^*°'"- 
feelings  of    resentment  which    may  have  arisen  be- 
tween the  States  at  variance. 

Articles.    The  functions  of  the  mediator  are  atwheufunc- 
an  end  from  the  moment  when  it  is  declared  either  *^*'"^^^^^®- 
by  one  of  the  parties  to  the  dispute  or  by  the  medi- 
ating powder  itself,  that  the  methods  of  conciliation 
proposed  by  it  are  not  accepted. 

The  function  of  the  Power  offering  good  offices  or 
mediation,  and  the  relations  in  which  the  very  offer 
may  leave  all  parties  concerned,  may  be  so  indefinite 
that  it  becomes  important  to  provide  a  method  for 
immediately  ending  all  possi1)le  doubt  upon  the  sub- 
ject. By  leaving  it  within  the  power  of  either  party 
concerned,  or  of  the  mediating  State,  to  declare  the 
exact  time  at  which  all  furtlier  efforts  shall  cease, 


IriO      TIIE   PEACE   CONFERENCE   AT   THE   HAGUE 


Advisory 
clia racier  of 
^iiod  offices 
and  media- 
tion. 


Chapter  V      tliis  poiiit  would  .sceiii  to  liavB  been  sufficiently  safe- 
guarded. 

Article  G.  Good  offices  and  mediation,  whether 
at  the  request  of  the  parties  at  variance  or  upon  the 
initiative  of  Powers  who  are  strangers  to  the  dispute, 
have  exclusively  the  character  of  advice,  and  never 
have  binding  force. 

This  Article  emphasizes  the  most  essential  (charac- 
teristic of  good  offices  and  mediation,  namely,  that 
of  being  simply  advisory.  Mediation  is  not  arbitra- 
tion, nor  can  it  be  in  the  nature  of  an  intervention 
backed  up  by  any  physical  force  whatever.  The 
proceeding  which  has  heretofore  been  called  "  armed 
mediation"  was  improperl}' so  named.  According  to 
the  present  convention  the  two  terms  "  mediation  " 
and  *•'  coercion"  are  absolutely  contradictory.  It  was 
particularly  stated  and  emphasized  that  no  possible 
authority  or  right  could  arise  under  this  title  for  any 
kind  of  hegemony  or  suzerainty,  or  the  attempt  to 
impose  individual  or  collective  views  by  way  of  obli- 
gation or  restraint.  Mediation  must  forever  remain 
a  friendly  counsel,  freely  offered  or  asked,  and  as 
freely  accepted  or  declined. 

Article  7.  The  acceptance  of  mediation  cannot, 
unless  there  be  an  agreement  to  the  contrary,  have 
the  effect  of  interrupting,  delaying,  or  hindering 
mobilization  or  other  measures  of  preparation  for 
war.  If  mediation  occurs  after  the  commencement 
of  hostilities,  it  causes  no  interruption  of  the  military 
operations  in  progress,  unless  there  be  an  agreement 
to  the  contrary. 


No  interrup- 
tion of  pre- 
parations of 
war,  or  of 
hostilities. 


THE  ARBITRATION   TREATY  187 

This  Article,  of  which  Count  Nigra  is  the  author,  chapter  v 
seemed  necessary  in  order  to  make  tlie  acceptance  of 
good  offices  or  mediation  easy,  or  even  possible,  on 
the  part  of  Powers  having  universal  military  service, 
and  being  ready  for  war  at  very  short  notice.  No 
such  Power  could  safely  request  or  accept  good  offices 
or  mediation  if  such  a  request  oi-  acceptance  implied 
the  slightest  obligation  to  refrain  from  immediate 
and  continued  preparation  for  war.  Moreover,  even 
if  the  obligation  to  refrain  from  such  preparations 
were  mutual,  the  impossibility  of  control  might 
easily  lead  to  recriminations  which  would  still 
further  embitter  feelings,  complicate  the  situation, 
and  increase  instead  of  diminishing  the  danger  of 
hostilities.  Mediation  will  be  all  the  more  accept- 
able when  it  is  totally  dissociated  from  any  fear  of 
impaired  defence  or  of  danger  to  the  State. 

SPECIAL    MEDIATION 

Article  8.  The  Signatory  Powers  are  agreed 
in  recommending  the  application,  when  circumstances 
allow,  of  special  mediation  in  the  following  form  :  — 

In  case  of  a  serious  difference  endangering  peace, 
the  States  at  variance  shall  each  choose  a  Power  to 
whom  they  intrust  the  mission  of  entering  into  direct 
commmiication  with  the  Power  chosen  by  the  other 
side,  with  the  ol)ject  of  preventing  the  rupture  of 
pacific  relations.  During  the  period  of  this  mandate, 
the  term  of  which,  unless  otherwise  stipulated,  cannot 
exceed  thirty  days,  the  States  in  conflict  shall  cease 
from  all  direct  communication  on  the  subject  of  the 
dispute,  which  shall  be  regarded  as  having  been  re- 


188     Till-:   PEACE    CONFERENCE    AT    THE    HAGUE 

Chapter  V  f erred  exclusively  to  the  mediating  Powers,  who  shall 
use  their  best  efforts  to  settle  the  controversy. 

In  case  of  a  definite  rupture  of  pacific  relations 
these  Powers  remain  charged  with  the  joint  duty 
of  taking  advantage  of  every  opportunity  to  restore 
peace. 

At  the  second  session  of  the  Coniite  cV Examen, 
May  29,  the  first  draft  of  this  Article  was  introduced 
by  Mr.  Holls  of  the  United  States,  as  a  personal 
proposition,  for  which  neither  his  Government  nor 
his  colleagues  were  in  any  manner  responsible.  No 
claim,  whatever,  is  made  for  originality  of  the  idea, 
which  the  author  remembers  to  have  seen  made  as  a 
suggestion,  years  ago,  in  a  source  of  which  no  trace 
whatever  has  been  left  in  his  recollection.  More 
recently  the  idea  was  formulated  with  great  force 
by  M.  de  Nelidoff,  the  Russian  Ambassador  to  Italy, 
as  follows  :  — 
M. de  ''The  first  consideration  is  not  to  insist  upon  the 

suggestion,  parties  submitting  their  dispute  to  the  judgment  of 
a  tribunal  —  possiljly  impartial,  but  .cold  and  indiffer- 
ent, and  moved  only  by  the  most  general  considera- 
tions regarding  the  interests  or  the  honor  of  the 
parties  themselves.  What  should  be  done  is  to  insist 
that,  before  beginning  hostilities,  the  contending 
parties  should  intrust  the  settlement  of  the  affair  to 
representatives  in  whom  they  can  have  absolute  con- 
fidence :  who  will  act  according  to  instructions,  and 
who  will  each  defend  the  honor  of  his  principal  as 
he  would  his  own.  Everything  should  then  be  left 
to  these  seconds.     They  should  first  decide  whether 


THE   ARBITRATIOX   TREATY  189 

the  quarrel  necessitates  a  duel,  —  then  they  should  chapter  v 
see  whether  no  honorable  means  could  be  found  to 
avoid  an  encounter.  If  they  could  not  agree  on  this 
subject,  they  might  call  in  a  third  party,  or  communi- 
cate their  suggestions  to  their  principals.  But  the 
final  determination  should  always  be  left  to  the  inter- 
ested parties.  If  in  the  end  the  seconds  decided  that 
there  was  nothing  to  do  but  to  have  them  '  fight  it 
out,'  they  would  do  so.  But  if  they  resorted  to  arms 
without  having  had  recourse  to  these  preventive  pre- 
liminaries, and  a  catastrophe  resulted,  the  winner 
should  be  treated,  not  as  a  duelist,  but  as  an  assassin. 
This  should  also  be  the  rule  in  the  case  of  an  inter- 
national war." 

In  the  winter  after  the  appearance  of  the  second 
circular  of  Count  Mouravieff,  the  late  Lord  Russell 
of  Killowen,  Lord  Chief  Justice  of  Great  Britain, 
strongly  recommended  the  same  idea  in  a  most  happy 
after-dinner  speech.  It  had  been  discussed  by  the 
author  with  intimate  friends  in  America  just  previous 
to  his  departure  for  The  Hague,  and  its  introduction 
had  the  cordial  indorsement  of  Ambassador  White, 
President  of  the  American  Commission. 

Upon  its  introduction,  the  Article  was  revised,  as  Adoption  of 
far  as  its  language  was  concerned,  by  M.  de  Martens  ^^®  article. 
and  Chevalier  Descamps,  and  it  was  printed,  distri- 
buted, and  reported  to  the  principal  European  Govern- 
ments immediately.  At  the  third  session  of  the 
Comite  (VExamen  on  May  ol,  it  was  unanimously 
adopted  in  principle,  and  thereafter  it  was  ])\\.i  into 
its  present  final  form. 


1!)()  THE   PEACE    CONFERESCE   AT    THE    HAGUE 

Chapter  V  Tlie  striking  parallelism  between  the  development 

Anaiojry  of  Warfare  and  the  practice  of  duelling  has  often  been 
fare  and  pointed  oiit  bj  historians  of  international  law.  In- 
dueiiiiiK-  creasing  civilization  has  been  uniformly  directed 
toward  safeguarding  rights,  however  general,  and 
diminishing  unrestrained  lawlessness  or  arbitrary 
methods  in  every  field.  Without  entering  at  this 
time  into  the  philosophical  question  of  justification 
for  either  war  or  the  duel,  it  is  a  well-known  fact 
that  the  institution  of  duelling  still  exists,  and  has 
a  commanding  influence  upon  great  classes  of  society. 
At  the  same  time  the  trend  of  its  development  shows 
unmistakable  sig-ns  of  its  o-radual  extinction.  With 
the  advancement  of  civilization  and  the  continued 
introduction  of  new  safeguards  in  the  way  of  regu- 
lations, the  element  of  force  recedes  as  that  of 
law  advances.  Whether  in  its  mildest  form,  which 
may  be  illustrated  by  German  student  encounters, 
or  in  the  border  feuds  which  still  disgrace  some 
regions  of  the  southern  and  southwestern  states  of 
the  American  Union,  previ(jus  notification  is  con- 
sidered absolutely  indispensable,  and  sudden  en- 
counters —  cluellum  stihitaneimi  —  shooting  at  sight, 
is  considered  not  only  criminal,  but  dishonorable. 
Where  the  institution  is  sincerely  regarded  as  a  pro- 
tection to  the  honor  of  an  officer  and  a  gentleman,  a 
duel  is  possible  only  after  a  previous  elaborate  agree- 
ment upon  the  subject.  In  the  negotiations  leading 
up  to  this  agreement  it  is  understood,  and  considered 
not  only  permissible  but  obligatory,  by  the  highest 
authoi'ities  in  the  institution   itself,  that  everything 


THE   A Rliir RATION    TUEATY  191 

should  be  done  by  the  representatives  ut"  the  parties  Chapter  v 
in  conflict  to  avoid  the  actual  encounter,  and  to  settle 
the  difficulty  peaceably;  the  number  of  permissible 
weapons  has  been  greatly  reduced,  the  conditions  of 
the  encounter  are  adapted  to  the  circumstances  of  the 
case,  and  they  are  made  as  light  as  possible.  The  fact 
is  that  the  duel  is  not  nearly  as  deadly  an  affair  as  it 
has  formerly  been,  and  a  fatal  result  invariably  leads 
to  universal  regret  and  recriminations  against  the 
entire  institution.  In  at  least  two  chivalrous  and 
progressive  countries  of  the  world,  namely,  the  United 
States  and  the  British  Empire  and  its  dependencies, 
the  institution  has  become  virtually  extinct. 

The  analogy  between  this  development  of  practice 
with  regard  to  duelling  and  the  history  of  some  of 
the  laws  of  warfare  is  surprisingly  close  and  interest- 
ing. It  may  best  be  illustrated  in  the  history  of  the 
subject  in  Germany,  where  unrestrained  feudal  war- 
fare survived  longest,  and  where  even  to  this  day 
the  institution  of  duelling  has  its  most  earnest  advo- 
cates and  defenders. 

The  necessity  of  a  challenge  to  a  feud  was  un- The  necessity 
doubtedly  the  first  restraint  put  upon  promiscuous  °^'^'^^'^''^"^®' 
murder,  and  the  first  safeguard  permitting  a  feudal 
lord  to  stir  about  without  being  in  complete  readi- 
ness, at  least  for  defence,  at  any  moment.  In  the 
year  1187,  in  a  decree  of  the  German  Diet  {Reich i>- 
abschied)  at  Niirnberg,  the  necessity  of  a  declara- 
tion of  hostilities  —  the  so-called  cliff idatio  —  was 
proclaimed  as  follows:  ''We  decree  and  direct  by 
this  edict  that  he  who  intends  to  do  damaire  to  an- 


192     THE   I'KACE    CONFERENCE    AT   THE    If  AGUE 

Chapter  V      otliGr,  OF  to   iiijure    him  {verletzen),  shall  give    him 
Necessity  of  a  notlce  at  least  three  days  l)efore,  by  a  safe  messen- 

ehalleiige.  "        rpi   •         i  +        1  "^    I  11 

ger.  I  his  decree  seems  to  liave  been  generally 
obeyed.  Such  a  declaration  of  a  feud  [Fehdebrief)  is 
quoted  in  the  pamphlet  of  Dr.  Eniil  Steinbach,  Zur 
FriedenshewegiuKj,  Vienna,  1899,  p.  56,  as  follows, 
dated  1430  :  ''Know  ye,  the  Burgomaster  and  Coun- 
cillors of  ^  the  City  of  Speyer,  that  I,  Winrich  von 
Fischnich,  wish  to  be  your  enemy,  on  account  of  the 
complaint  which  I  have  against  you,  and  damage 
may  be  done,  however  this  may  happen,  neverthe- 
less I  wish  to  secure  my  honor  against  you  and  yours 
by  this  my  open  authenticated  letter,"  etc.,  etc. 

In  war  the  necessity  of  a  solemn  declaration  of  hos- 
tilities, addressed  direct  to  the  opponent,  was  strictly 
required  from  antiquity  dow^n  to  the  eighteenth  cen- 
tury. Only  in  recent  times  has  the  practice  l^ecome 
less  formal  in  this  respect,  and  either  j)^^hlic  ex- 
planations, diplomatic  notes,  manifestoes,  proclama- 
tions, etc.,  in  connection  with  the  withdrawal  of 
regular  diplomatic  representatives,  have  been  substi- 
tuted for  a  formal  declaration  of  war.  The  reason  of 
this  change  is  obviously  the  fact,  that  with  modern 
methods  of  international  communication  secrecy  in 
preparing  for  war  has  become  practically  impossible, 
and  unexpected  raids  or  invasions  at  the  time  of  a 
declaration  need  no  longer  be  feared.  At  the  same 
time  some  formal  declaration  of  the  existence  of  a 
state  of  war  is  made  all  the  more  important  on 
account  of  the  clearly  defined  duties  of  neutrals,  and 
the  omission  of   such  a  formalitv  would  meet  with 


Till-:  AiiiiirnATiox  treaty  193 

universal  reprobation.  The  most  recent  and  by  far  chapter  v 
the  most  striking  illustration  of  this  fact  is  to  be 
found  in  the  notice  addressed  by  the  British  Govern- 
ment to  all  Governments  with  which  it  had  diplomatic 
relations,  announcing  that  a  state  of  war  existed  be- 
tween Great  Britain  and  the  South  African  Republic, 
notwithstanding  the  fact  that  the  Government  of  Great 
Britain  regarded  the  hostilities  themselves  only  in  the 
light  of  a  military  execution  against  a  vassal  State, 
where  no  formal  declaration  of  war  was  required. 

With  reference  to  the  restraint  upon  the  time,  Restraint  as 
place,  and  method  of  the  encounter,  nothing  needs  pjace."^ '*" 
to  be  added,  so  far  as  the  duel  is  concerned.  It  is 
generally  recognized  as  the  duty  of  the  seconds  to 
carefully  safeguard  all  these  points.  In  the  time  of 
feudal  warfare  similar  restraints  were  gradually  in- 
troduced, often  by  the  Church,  and  were  later  adopted 
in  the  decrees  of  the  Diet  of  the  Empire.  Thus  arose 
first  the  well-known  limitation  of  feuds  with  regard 
to  time  —  the  command  of  God's  Peace,  according  to 
which,  during  the  holy  periods  of  the  Church  year, 
as  well  as  on  several  days  in  each  week,  generally 
from  Thursday  evening  until  Monday  morning,  an 
absolute  armistice  was  proclaimed  and  every  act  of 
feud  strictly  prohibited.  Then  came  the  exemption  ^-'^^"^p^"^*'"^- 
of  certain  persons  and  places,  according  to  Professor 
von  Zallinger,'  as  follows  :  unarmed  people,  the  clergy, 
women,  peasants,  and  merchants  were  not  to  suffer 
by  the  feuds  of  the  knighthood.     The  peace  of  con- 

^  Otto  V.  Zallinger,    Wtsen  uiid   UrsprutKj  des  Furnudismus   uii    all- 
deutschen  Privatrecht,  Vienna,  1898. 


U)4     THE   PEACE    CONFERENCE   AT   THE   HAGUE 


Chapter  V 


Feuds  per- 
mitted 
agaiust  the 
person  hut 
not  against 
property. 


Neutraliza- 
tion. 


secrated  places,  churches,  and  cemeteries,  and  of  the 
village  inside  of  its  limits  and  the  peace  of  public 
highways  should  not  be  distui'bed  by  the  feud.  With 
particular  emphasis,  in  several  decrees  of  the  peace 
of  the  land  {landfrieden),  the  sanctity  and  inviola- 
bility of  the  home  is  proclaimed,  and  gradually  the 
most  interesting  and  significant  principle  is  evolved 
that  only  such  feuds  shall  be  permitted  as  are  directed 
immediately  against  the  person,  the  body,  and  the 
life  of  the  enemy,  but  not  against  his  property. 
Zallinger  cites  two  provisions  of  this  kind  from  the 
end  of  the  twelfth  century  :  — 

"  Si  quis  liabet  inimicum,  i^erseqidtur  emn  in  campo 
absque  damno  rerum  suarum.''  (If  any  one  has  an 
enemy,  let  him  pursue  him  in  the  field  without 
injuring  his  property.) 

"  Qui  eumque  hahet  manifestwn  inimicum,  earn 
.  .  .  in  2^ersona  et  non  in  rebus  laedere  j^otest.''  (He 
who  has  an  open  enemy  may  injure  him  in  his  per- 
son, but  not  in  his  property.) 

The  similarity  in  the  development  of  the  laws  of 
war  is  manifest.  Thus  far  there  has  been  no  attempt 
to  limit  the  time  of  warfare,  the  going  into  winter 
quarters  being  obviously  for  entirely  different  reasons, 
and  the  attempts  of  some  enthusiastic  Sabbatarians 
to  introduce  a  day  of  rest  during  the  Spanish-American 
War  having  been  generally  dismissed  with  a  smile. 
On  the  other  hand,  the  exemption  of  particular  per- 
sons and  property  from  the  consequences  of  warfare, 
—  their  "  neutralization"  according  to  the  terminology 
of   international   law,  —  is  now  universally  accepted 


THE   ARBITRATION   TREATY  195 

as  a  matter  of  course  in  an  increasing  nnmber  of  Chapter  v 
instances.  Whole  States  have  been  neutralized,  as, 
for  example,  Switzerland,  Belgium,  and  Luxemburg, 
as  well  as  single  provinces,  such  as  Chablais  and 
Faucigny  on  the  southern  shore  of  the  lake  of  (^eneva, 
and  the  Suez  Canal.  The  provisions  adopted  by  the 
Peace  Conference,  regarding  military  hospitals  and 
ambulances  and  the  personnel  connected  therewith, 
as  well  as  non-combatants  in  general,  have  been 
referred  to  in  the  discussion  of  the  Convention  on 
the  Laws  of  War. 

The  closest  parallelism  of  similar  phenomena,  both  Preventive 
in  duelling  and  in  the  history  of  unrestrained  feudal 
Avarfare,  is  to  be  found  in  the  preventive  measures. 
So  far  as  duelling  is  concerned,  these  are  well  known, 
and  need  no  lengthy  discussion.  The  analogous  de- 
velopment with  reference  to  feudal  warfare  is  char- 
acterized by  the  fact  that  by  the  middle  of  the 
thirteenth  century,  especially  after  the  great  law  of 
peace  of  Frederick  IL  in  the  year  1235,  the  right  to 
feudal  hostility,  which  up  to  that  time  was  absolutely 
unlimited,  was  thereafter  restricted  to  cases  in  wliicli 
no  help  was  to  be  expected  from  the  courts,  and, 
therefore,  hostilities  were  not  to  be  begun  until  after 
an  unsuccessful  ap])eal  to  the  courts.  It  was  the 
beginning  of  compulsory  arl)itration.  Not  until  two 
hundred  and  sixty  3'ears  later,  however,  in  1495, 
was  the  celebrated  decree  of  Eternal  Pacification  — 
ewige  Landfriedcn  —  issued  by  Emperor  Maximilian 
the  First,  in  which  for  the  first  time  no  difference 
was  made  between  permitted  and   prohibited  feuds. 


196     THE   PEACE   CONFERENCE   AT   THE  HAGUE 

Chapter  V  and  all  private  use  of  force  was  for  the  first  time 
characterized  as  a  breach  of  the  peace  of  the  land.  It 
is  reported  that  the  Emperor  himself  was  so  appalled 
by  the  stupendous  consequences  of  this  decree  that 
he  brooded  over  it  in  solitude  for  two  days  before 
signing  it.  It  was,  moreover,  a  little  ahead  of  time. 
After  its  promulgation  serious  feuds  continued  to  rend 
the  Empire,  and  even  the  celebrated  penal  code  of  the 
Emperor  Charles  V.,  issued  in  1532  —  the  so-called 
Carolina  —  did  not  dare  to  draw  the  necessary  conse- 
quences of  the  decree  of  Maximilian,  and  in  Article 
129  made  penal  only  such  feuds  as  were  begun  with- 
out righteous  cause. 

A  consideration  of  these  facts  should  be  a  sure 
preventative  of  undue  pessimism,  with  respect  to  the 
further  gradual  development  of  the  idea  of  universal 
peace. 

The  Article  under  discussion  specially  applies  the 
provisions  of  what  may  be  called  the  gentleman's 
code  of  duelling  to  international  relations.  The 
following  remarks  made  by  Mr.  Holls  upon  intro- 
ducing the  proposition  may  serve,  to  a  certain  ex- 
tent, as  a  commentary. 

Remarks  of  "  Permit  me  to  explain  briefly  the  fundamental 
idea  upon  wdiich  the  proposition  now  submitted  to 
you  is  based.  It  was  and  is,  first  and  foremost,  the 
undeniable  fact,  that  there  are  and  always  will  be 
differences  between  nations  and  between  govern- 
ments which  neither  arbitration  nor  mediation, 
according  to  the  usual  acceptance  of  the  term,  are 
calculated   to  prevent.       Nevertheless,  it    would    be 


Mr.  Holls. 


THE   ARBITRATION   TREATY  197 

wrong  to  say  that  every  such  controversy  must  Chapter  v 
necessarily  end  in  hostiHties,'and  aUhough  in  a  case 
where  neither  arbitration  or  mediation  seem  to  be 
possible  remedies,  the  chances  of  avoiding  a  conflict 
may  be  characterized  as  minimal,  it  is  none  the  less 
true  that  in  the  interests  of  peace  and  in  the  light  of 
experience  the  attempt  should  be  made,  especially  if 
the  means  proposed  are  of  a  nature  to  be  useful  even 
in  case  peace  should  after  all  be  broken.  I  beg  most 
respectfully  to  observe  that  the  project  which  is  sub- 
mitted to  you  affords  this  means. 

''  It  is  an  oljvious  truth  which  has  found  expression  Advantages 
in  private  life  by  the  institution  of  seconds  or  wit- 
nesses, hi  affairs  of  honor  between  gentlemen,  that 
at  the  eve  of  what  may  be  a  fatal  encounter,  it  is  best 
to  leave  the  discussion  of  the  points  in  controversy  to 
third  parties  rather  than  to  the  j)rincipals  themselves. 
The  second  enjoys  the  entu^e  confidence  of  his  friend, 
whose  interests  he  agrees  to  do  his  best  in  defending, 
until  the  entire  affair  may  be  settled ;  yet  neverthe- 
less, not  being  directly  interested  in  the  controversy, 
he  preserves  at  all  times  the  liberty  of  a  mutual 
friend,  or  even  of  an  arbitrator,  but  without  the 
slightest  responsibility. 

"  In  the  second  place,  I  would  respectfully  submit 
that  every  institution  or  custom  which  may  receive 
the  approval  of  the  Peace  Conference,  having  for  its  a  now  eie- 
object  the  introduction  of  a  new  element  of  delibera-deHberation. 
tion  into  the  relations  between  States  when  the  latter 
have  become  strained,  certainly  marks  so  much  prog- 
ress, and  may  conceivably  be  of  vital  importance  at  a 


198     THE   PEACE    CONFERENCE   AT    THE   HAGUE 


Chapter  V 

Remarks  of 
xMr.  Holls. 


critical  moment.  As  a  matter  of  fact,  and  even  with 
the  new  guarantees  for  peace  which  may  be  offered  by 
the  international  conrt  and  the  most  solemn  and  for- 
mal declarations  in  favor  of  mediation  and  good  offices, 
the  negotiations  between  two  States  in  controversy 
may  arrive  at  a  point  when  it  becomes  necessary  for 
the  representative  of  the  one  to  say  to  the  repre- 
sentative of  the  other,  '  One  more  step  means  war.' 
If  the  proposition  which  is  hereby  submitted  to  you 
should  be  adopted,  it  will  be  possible  to  substitute 
for  this  formula  another,  '  One  step  further  and  we 
shall  be  obliged  to  appoint  a  second.'  These  words 
surely  will  have  a  grave  significance,  and  yet  it 
would  seem  that  they  will  have,  beside  other  advan- 
tages, that  of  producing  all  the  good  effects  of  a 
threat  of  war  without  havino-  the  atrgressive  character 
of  a  menace,  pure  and  simple,  or  of  an  ultimatum. 
The  amour  j)ropre  of  the  two  parties  will  remain 
inviolate,  and  yet  all  will  have  been  said  which  nnist 
be  said. 

^'  To  scive  to  this  idea  all  of  its  force  it  is  neces- 
sary    that    the    cpiestion    in    controversy    should    be 
powers  exciu- referred    during    a    ffiven    time    exclusively  to    the 

sively.  .      . 

jurisdiction  of  the  mediating  Powers.  At  the  same 
time  the  w^ord  '  exclusively '  need  not  necessarily  be 
taken  in  the  literal  sense.  The  mediating  Powers 
will  represent  third  parties,  and  this  clause  will  have 
for  its  principal  effect  the  cessation  of  all  direct  com- 
munication between  the  interested  parties  on  the 
subject  of  the  question  in  dispute.  Further  diplo- 
matic relations  continue  undisturbed,  with  this  one 


Question 
referred  to 
mediating 


rilE   ARBITRATIoy    TREATY  199 

restriction.     The  mediating  Powers  will  remain  free,  chapter  v 
of  com\se,  to  enter  into  negotiations  on  the  suljject 
of  the  controversy  with  other  Powers  if  they  shall 
judge   it  to   be   useful,   and    it    niay  often   result    in 
simple  mediation,  possibly  ultimately  in  arbitration. 

"  Finally,  and  I  hope  this  point  is  by  no  means  tlie  au  aseiu-y  for 
least  important,  it  is  recommended  on  account  of  its  time  of  war. 
utility  as  an  agency  for  })eace  even  in  time  of  war. 
It  is  not  necessary  to  enlarge  upon  this  idea.  It  is 
admitted  that  there  are  many  circumstances  where 
the  intervention  of  mediatory  Powers  with  recog- 
nized authority  would  suffice  to  convince  one  of  the 
belligerent  States,  if  not  l3oth,  that  satisfaction  has 
been  obtained,  and  thus  to  save  many  lives  and 
many  sufferings. 

"  In  submitting  this  proposition  I  felicitate  myself 
upon  the  fact  that  it  has  the  privilege  of  being  sub- 
mitted to  the  examination  of  the  most  eminent 
of  diplomats  and  statesmen,  and  of  savants  whose 
reputation  is  world-wide.  I  have  the  conviction  tliat 
if  you  will  give  to  the  idea  your  sanction,  even  with 
some  modifications,  it  will  surely  result,  sooner  or 
later,  in  a  real  gain  for  the  cause  of  peace." 

The  discussion  which  followed  these  introductory  Discussion, 
remarks  was  most  interesting,  but  has  unfortunately 
not  been  reported.  The  great  advantage  of  this  form 
of  mediation  was  pointed  out  in  carefully  safeguard- 
ing the  honor  of  the  most  sensitive  nation.  "Without 
the  mandate  conferred  upon  the  mediating  Powers 
under  this  Article,  not  even  the  most  friendly  neutral 
Powder  could  venture  to  suggest  to  a  defeated  yet  high- 


200     THE   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  V      spirited  belligerent,  the  uselessness  of  a  protraction 
of  the  war  beyond   the   first  really  decisive  battle. 
There  would  be,  in  such  a  show  of  friendliness,  an 
element  of    spontaneous    pity  or  compassion   which 
would  surely  be  resented,  and  which  is  wholly  absent 
from  the  accepted  duty  of  a  second. 
The  interval        On  behalf  of  tlic  military  experts  of  several  of  the 
au  agency  for  Great  Powcrs  it  w^as  stated  that  the  Article  has  one 
peace.  feature  which  would  prove  an  agency  for  peace  per- 

haps more  effective  than  any  other,  and  which  was 
the  least  objectionable  of  all,  from  the  military  and 
naval  point  of  view.  This  is  the  interval  of  thirty 
days  which  is  provided  for  in  the  absence  of  a  differ- 
ent stipulation,  and  which  affords  sufhcient  time  to 
bring  home  directly  to  the  peoples  concerned  the 
stupendous  consequences  of  the  impending  conflict 
while  it  is  yet  time  to  retire  with  honor. 

Upon  the  motion  of  M.  d'  Ornellas  Vasconcellos  of 
Portugal  it  was  expressly  recognized  by  the  Confer- 
ence that  the  provisions  of  Article  7  were  applicable 
to  the  institution  of  special  mediation. 

While  it  is  not  supposed  that  the  appointment  of 
seconds  would  necessarily  be  followed  immediately  by 
the  mobilization  of  all  the  national  forces,  it  would 
nevertheless  bring  such  a  mobilization  within  the 
limits  of  probaljility.  The  political,  financial,  and 
economic  effect  of  a  war  could  well  be  discussed 
without  the  strain  which  the  existence  of  an  actual 
state  of  war  must  necessarily  exercise.  The  result 
would  naturally  be  a  searching  of  hearts  which  ought, 
but  seldom  does,  precede  a  momentous  national  deci- 


THE   ARIilTRATION    TREATY  201 

sion.  If  this  decision  should  finally  be  for  war,  the  chapter  v 
element  of  deliberation  would  do  no  harm,  for  any 
loss  by  delay  would  be  more  than  made  up  by  the 
moral  strength  which  any  people  must  gain  in  their 
own  eyes,  as  well  as  in  those  of  tlie  world,  by  the 
consciousness  of  acting,  not  from  a  sudden  imi)ulse, 
but  from  what  would  be  equivalent  to  a  deliberate 
sense  of  duty. 

The  diplomatic  modus  operandi  under  this  Article  Method  of 
will  probably  vary  according  to  the  circumstances 
of  each  particular  case.  Very  often  the  mediating 
Powers  may  find  it  possible  to  act  through  their 
respective  representatives  accredited  to  one  of  the 
litigating  States;  in  serious  cases,  however,  it  may  be 
assumed  that  special  representatives  will  be  appointed, 
and  that  they  will  meet  in  a  neutral  place.  Sc^ircely 
any  duty  can  devolve  upon  the  Chief  Executive  or  any 
Minister  of  Foreig-n  Affairs  more  delicate  or  more 
momentous  than  that  of  acting,  under  this  Article, 
on  behalf  of  a  friendly  State,  in  what  must  neces- 
sarily be  a  critical  and  perilous  situation.  Special 
plenipotentiaries,  of  recognized  standing  and  experi- 
ence, would  seem  to  be  the  natural  agents  for  such  a 
purpose,  at  least  where  the  direct  action  of  the  Chief 
Executives  or  Foreign  Ministers  is  for  any  reason 
impracticable. 

The  residts  of  the  negotiations  between  the  medi- 
ating Powers  should  be  embodied  in  a  protocol  or  an 
identical  note  addressed  to  both  litigants,  and,  in  a 
proper  case,  communicated  to  other  Powers.  It  is 
to  be  hoped  that,  as  a  general  rule,  all   diplomatic 


202     Tin-:   PEACE    CONFEUEXCE    AT    Till-:    IIACIUE 

•Chapter  V  Correspondence  or  action  under  this  Article  will  be 
coniminiicated  by  the  interested  parties  to  the  Inter- 
national Bureau  at  The  Hague,  in  the  manner 
provided  by  Article  22,  for  the  case  of  special  Arbi- 
tration Tribiuials,  to  become  part  of  the  general 
archives  of  International  Law  which  should  eventually 
b6  gathered  there. 

Attention  was  called  b}^  Chevalier  Descamps  to 
the  fact  that  existing  treaties  might  have  effects, 
which  it  was  not  possible  accurately  to  forecast,  upon 
the  choice  of  seconds  by  some  of  the  European 
States.  He  instanced  the  case  of  Belgium  in  its 
relations  with  the  Powers  guaranteeing  its  neutral- 
ity, under  the  provisions  of  the  treaty  of  April  15, 
1839. 

The  practical       Upou  the  practical  value  of  Article  8,  experience 

value  of  the         -i  •  .i  i-rj.  'i  j.rpi 

article.  aloiie  Can  give  a  truly  satisfactory  judgment.      I  he 

introduction  or  recognition  of  something  akin  to  the 
duelling  code  has  been  criticised  as  an  unnecessary 
concession  to  the  so-called  "  military  spirit."  It  must 
however  be  remembered  that  this  very  concession 
operates  as  a  restraint.  Appealing,  as  it  perhaps 
does,  to  prejudices  and  habits  of  thought  of  the 
military  class,  this  Article  reaches  the  very  persons 
who  are  apt  to  be  impervious  to  other  restraining 
influences,  and  who  have  hitherto  not  infrequently 
turned  the  scale  in  favor  of  war. 

The  best  guarantee  of  future  usefulness,  however 
modest  in  its  scope,  is  to  be  found  in  the  fact  that  it 
w^as  unanimously  adopted  by  so  careful,  conservative, 
able,  and  eminent  a  body  of  men  as  the  Peace  Con- 


THE   A  RBI  THAT  I  ON    TIIEATY  203 

ference.    With  this  initiatcjry  endorsement  the  Article  Chapter  v 
may  confidently  await  the  judgment  of  the  future. 

TITLE    III.      ON    INTERNATIONAL    COMMISSIONS    OF 
INQUIRY 

Article  9.  In  differences  of  an  international  na- 
ture involving  neither  honor  nor  vital  interests,  and 
arising  from  a  difference-  of  opinion  on  matters  of 
fact,  the  Signatory  Powers  recommend  that  parties 
who  have  not  l^een  ahle  to  come  to  an  agreement  by 
diplomatic  methods,  should,  as  far  as  circumstances 
allow,  institute  an  International  Commission  of  In- 
quiry to  facilitate  a  solution  of  the  differences  by 
elucidating  the  facts,  by  means  of  an  impartial  and 
conscientious  investigation. 

The  institution  of  International  Commissions  of  ^^^"^*j^^°/"°°* 
Inquiry  is,  strictly  speaking,  by  no  means  an  innova- 
tion. Numerous  instances  of  more  or  less  impor- 
tance, especially  on  questions  of  fact  regarding 
occurrences  upon  or  near  boundary  lines,  have 
frequently  been  investigated  by  a  commission  com- 
posed wholly  or  partly  of  neutrals.  The  true 
line  of  a  boundary  has  often  been  fixed  by  neu- 
tral surveyors,  and  in  one  recent  case,  beyond  no 
doubt  the  most  notable  of  all,  a  commission  was 
appointed  by  a  Power  nominally  neutral,  viz.,  the 
United  States  of  America,  to  report  upon  the  true 
boundary  between  Venezuela  and  British  Guiana, 
preparatory  to  a  declaration  guaranteeing  the  boun- 
dary so  found  to  Venezuela.  Experience  has  no 
doubt    shown    that    an     international    commission, 


L'Ul      THE   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  V  selected  by  the  parties  to  a  controversy,  is  the  most 
elHcacious  method  which  has  thus  far  been  found,  to 
settle  a  question  of  fact,  which  otherwise  might,  by 
uncertainty  or  misconstruction,  easily  become  the 
germ  of  a  dangerous  conflict.  It  is  unnecessary  to 
enlarge  upon  the  dangers  to  peace  arising  in  many 
cases  merely  from  uncertainty  or  positive  misinforma- 
tion regarding  questions  of  actual  fact.  The  half- 
forgotten  Schnabele  affair,  regarding  an  alleged 
occurrence  upon  the  Franco-German  frontier,  will 
serve  as  a  special  example.  The  growing  reckless- 
ness of  tlie  sensational  press  in  every  civilized 
country,  and  the  paralysis  which  seems  to  have  over- 
come their  Governments,  so  far  as  attempts  to  effec- 
tively check  this  evil  are  concerned,  make  the 
necessity  for  an  impartial  and  efficient  method  of 
inquiry  more  urgent  than  ever.  At  the  same  time, 
no  subject  before  the  Conference  w^as  involved  in 
greater  difficulties,  or  bore  within  it  greater  dangers. 
Difficulties  It  will  readily  be  seen  that  it  would  be  compara- 

in  the  way.  tivcly  casy  in  any  case  to  consider  the  proposition  for 
the  appointment  of  a  Commission  of  Inquiry  as  an 
implied  reflection  upon  the  character  or  sufficiency 
of  some  national  institution  or  governmental  agency, 
with  the  result  of  creating  as  much  or  more  imbit- 
terment  of  national  feeling  than  the  very  errors  of 
fact  which  it  was  sought  to  correct.  Moreover,  this 
danger  would  very  likely  be  greatest  where  the  ne- 
cessity for  the  commission  might  be  most  urgent, 
especially  in  States  having  a  comparatively  brief 
legal    and    administrative    experience,    or    such    as 


THE   ARBITRATION   TREATY  205 

Labor  under  the  disadvantages  of  conflicting  racial  Chapter  v 
and  religious  interests  among  their  population.  That 
the  idea  should  nevertheless  have  been  adopted  unan- 
imously with  all  the  rest  of  the  Convention,  consti- 
tutes one  of  the  most  surprising  and  encouraging 
advances  made  l)y  the  Conference,  the  credit  for 
which  is  due  not  only  to  the  intrinsic  merits  of  the 
proposition,  but  also  to  the  extreme  diplomatic  skill 
with  which  the  negotiations  and  deliberations  preced- 
ing its  adoption  w^ere  conducted.  Nothing  would 
have  been  easier  than  to  have  frightened  all,  or  Difficulty  of 
nearly  all,  of  the  minor  Powers  represented,  into  an'adopt/on. 
attitude  of  uncompromising  hostility,  by  merely  em- 
phasizing the  fact,  which  could  not  be  denied,  but 
which  without  special  emphasis  was  made  less  objec- 
tionable, namely  :  that  the  institution  of  commissions 
of  inquiry  is  quite  likely  to  l)e  of  far  greater  practical 
importance,  at  least  in  the  near  future,  than  any  other 
result  of  the  Conference.  The  efforts  of  the  friends  of 
the  proposition  in  this  direction  were  almost  neutral- 
ized by  the  well-intended  but  ill-advised  proceedings 
of  some  private  ''friends  of  peace"  on  the  outside  of 
the  Conference.  In  an  extremely  able  account  of 
the  Conference,^  the  following  language  is  used:  "It 
was  the  fashion  at  the  Conference  to  belittle  the 
significance  of  the  international  Commissions  d' 
Enqrtete.  It  was  expressly  set  forth  that  these  com- 
missions shall  have  nothing  of  an  arbitral  character, 
but  one  chief  object,  which  wdll  be   sedulously  set 

^  By   Mr.   William   T.   Stead   in   the   London   Review   of  Reviews, 
Aug.  15,  1899. 


1>0()     THE   I'EACE    CONFERENCE   AT    THE   HAGUE 

Chapter  V  befoFG  tliG  people,  will  be  to  counsel  the  importance  of 
the  international  Commissions  cTEnquete  and  to  give 
them  as  much  as  possible  of  an  arbitral  character." 

It  must  surely  now  he  understood,  both  by  the 
w^riter  and  by  the  many  excellent  people  whom  he 
undoubtedly  represented,  that  by  no  other  method 
than  by  refraining  from  unduly  emphasizing  the 
significance  of  the  commissions  of  incpiiry  could  the 
idea  ever  have  been  adopted,  and  while  it  is  per- 
fectly proper  for  private  individuals  and  associations 
to  influence  the  public  opinion  of  the  world  in  such 
a  manner  as  to  invest  them  with  as  much  dignity, 
arbitral  character,  or  any  other  desirable  attribute, 
as  possible,  it  was  quite  another  matter  to  propose 
having  this  done  by  the  representatives  of  the  Powers 
establishing  the  institution.  Whatever  may  be  said 
of  the  friends  of  the  proposition  in  the  Conference, 
they  are  certainly  not  open  to  the  reproach  of  not 
having  been  fully  aware  all  the  time  of  the  tremen- 
dous possibilities  for  good  involved ;  nor  should  tliey 
be  criticised  severely  for  the  insertion  of  the  words, 
"  affecting  neither  honor  nor  vital  interests." 

The  object  of  The  objcct  of  the  title,  and  its  bearing  upon  the  gen- 
eral work  of  the  Conference  was  set  forth  by  its  author, 
M.  de  Martens  of  Russia,  in  a  speech  of  great  clearness 
and  eloquence,  in  the  course  of  which  he  said :  — 

Speech  of  M.  "  The  objcct  of  comuiissions  of  inquiry  is  the  same 
as  that  of  arbitration,  good  offices,  and  mediation, 
namely :  to  point  out  all  the  means  of  appeasing 
conflicts  arising  among  nations,  and  to  prevent  war. 
This  is  the  only  object,  and  there  is  no  other.     The 


the  title. 


de  Martens. 


THE   ARBITRATION    TREATY  207 

commissions  provide  the  means  for  this  by  an  impar- Chapter  v 
tial  examination  of  the  circumstances  and  of  the 
facts.  It  is  not  necessary  to  cite  cases  in  Avhich 
these  commissions  of  inquiry  can  render  great  service 
to  the  peace  of  the  world,  but  let  us  take  one  case. 
Suppose  the  authorities  on  a  frontier  arrest  some- 
body on  foreign .  territory.  A  most  serious  conflict 
can  arise  from  this  —  the  more  obscure  the  circum- 
stances are,  the  more  objections  are  raised.  News- 
paper articles,  interpellations  in  Parliament,  may 
force  the  hands  of  the  Governments  and  involve  them 
in  conduct  even  opposed  to  their  intentions.  One 
can  compare  the  commissions  of  inquiry  to  a  safety 
valve  given  to  the  Governments.  They  are  allowed 
to  say  to  the  very  excited  and  ill-informed  public 
opinion,  '  Wait,  —  we  will  organize  a  commission 
Avhich  shall  go  to  the  spot,  which  shall  furnish  all 
the  necessary  information  —  in  a  word,  it  shall  shed 
light.'  In  that  way  time  is  gained,  and  in  the  life 
of  peoples  a  day  gained  may  save  the  future  of  a 
nation.  The  object  of  the  commissions  of  inquiry  is 
therefore  clear.  They  are  an  instrument  of  pacifica- 
tion. A  misunderstanding  seems  to  exist  in  regard 
to  their  operation,  but  one  should  not  forget  that 
the  litigating  Powers  are  always  free  to  accept  them 
or  refuse  their  services. 

"  Gentlemen,  I  fully  share  the  opinion  that  the 
floor  of  a  diplomatic  conference  is  not  a  tribune  from 
which  one  can  afford  to  make  great  speeches.  Our 
Conference  has  been  called  an  International  Parlia- 
ment,—  yet   whatever   be    tlie    name    given    to  the 


208       nil':   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  V      Conference,  all   the  delegates  know  that  this  High 
Speech  of  M.   Assembly  is  not  concerned  with  the  politics  of  the 
day,  nor  with  the  international  treaties  which  regu- 
late the  actual  relations  among  States. 

"We  have  in  common  the  object  of  giving  a  more 
solid  basis  to  peace,  to  concord,  and  to  friendship 
among  nations.  Such  is,  gentlemen,  the  object  in- 
dicated by  my  August  Sovereign,  and  accepted  by 
you  all.  It  is  certain  that,  especially  at  the  begin- 
ning of  our  work  in  this  Conference,  the  diversity 
of  opinions  and  ideas  was  great  among  us,  but  as  we 
entered  into  our  common  labors  we  have  come  to 
know  one  another  better,  to  understand  one  another, 
and  to  have  greater  mutual  esteem,  and  the  growing 
conviction  that  we  are  working  not  for  a  political, 
—  but  for  a  humanitarian  purpose,  not  for  the  past 
nor  for  the  present,  but  for  the  future.  This  is  why 
the  relations  among  us  members  of  this  Conference 
have  become  day  by  day  more  hearty,  the  hand- 
shakes more  warm  ;  the  feeling  of  following  a  com- 
mon path  together  has  filled  all  of  ns  with  the  desire 
to  succeed  in  presenting  to  our  Governments  a  good, 
great,  and  noble  work,  from  which  all  questions  of 
sovereignty  and  politics  should  be  formally  excluded. 
"  Gentlemen,  if  in  private  life  that  man  is  happy 
who  takes  the  bright  view  of  things,  in  international 
life  that  man  is  great  who  takes  the  brightest  view. 
We  must  elevate  our  ideas  to  broaden  our  hori- 
zon. We  must  do  all  we  can  to  understand  one 
another,  for  with  nuitual  understanding  comes  nni- 
tual  esteem.     Consider  for  a  moment    the  exam})le 


THE   AUDIT  RATI  OX    TREATY  209 

offered  us  by  this  small  and  charming  country  in  Chapter  v 
which  \ve  are  abidintif.  Why  has  little  Holland  Tiie  example 
played  such  a  great  part  m  history  r  Why  have  her 
commerce  and  her  ships  spread  over  all  the  oceans  ? 
It  is  because  the  Dutch  have  not  remained  behind 
their  dunes ;  they  have  stood  upon  them  and 
breathed  in  the  air  of  the  sea.  They  saw  before 
them  a  vast  horizon,  and  they  followed  the  paths 
spread  before  them  and  wdiich  have  put  them  into 
direct  communication  with  all  the  nations  of  the  uni- 
verse. It  is  the  expansion  of  that  cosmopolitan  spirit 
which  at  all  times  has  distinguished  the  statesmen, 
tlie  artists,  and  the  writers  of  this  little  country.  But, 
gentlemen,  Holland  has  done  far  more  in  her  fight 
ao-ainst  the  invasion  of  the  sea ;  she  has  constructed 
locks  l)y  means  of  which  her  land  waters  and  those 
of  the  sea  mingle  and  unite,  just  as  the  ideas,  insti- 
tutions, and  customs  of  the  Dutch  nation,  thanks  to 
its  international  relations,  have  been  developed,  made 
clear  and,  so  to  speak,  have  crystallized. 

"  Could  it  not  be  said,  to  continue  the  simile,  that 
in  view  of  the  common  horizon  of  humanity  national 
ideas  broaden  and  become  harmonized.  To  reach  the 
results  attained  by  Holland,  let  us  follow  that  coun- 
try's example  :  rise  above  our  dunes  and  look  upon  a 
broader  horizon.  The  Imrriers  of  prejudice  must  fall, 
and  then  shall  we  see  all  questions  enlightened  by 
a  spirit  of  understanding  and  of  nuitual  confidence.^ 

1 M.  cle   Martens'   reference  to  Holland,  and   iiis   exhortation    to 
follow  the  example  of  that  country  was,  at   the  moment,  misunder- 
stood  by   the   very   able   and   energetic    Delegate    from    Roumania, 
p 


"  Honor  and 
vital  iuter- 


210     'J  HE   PEACE    COyFEllEXCE   AT    THE   HAGUE 

Chapter  V      Perfect  accord,  gentlemen,  should  be  the  motto  and 
the  object  of  our  labors." 

The  Roumanian  delegation  made  itself  the  voice 

®^*^-"  of  tliose  Powers  which  desired  the  insertion  of  the 

qualif3'ing  phrase,  "  affecting  neither  honor  nor  vital 
interests,"  but  it  was  not  done  with  a  hostile  spirit, 
and  it  may  be  most  emphatically  stated  that  Rouma- 
nia  was  by  no  means  alone  in  her  opposition.  Greece 
and  Servia  were  the  only  other  States  which  openly 
supported  the  Roumanian  proposition  to  strike  out 
the  entire  title,  but  it  was  generally  understood  that 
the  demand  for  the  qualification  above  referred  to 
would,  if  necessary,  be  seconded  by  other  Powers. 
Under  these  circumstances  the  vituperation  which 
was  heaped  upon  the  learned,  able,  and  conscientious 
representatives  from  the  progressive  and  enlightened 
kingdom  on  the  lower  Danube,  was  cruelly  unjust. 
There  are  many  points  involving  both  honor  and 
vital  interests,  especially  of  a  weak  Government, 
where  the  refusal  to  permit  an  International  Com- 
mission of  Inquiry  to  investigate  the  facts  would  by 

M.  Beldiman,  who  said  that  Rouraania  would  surely  be  happy  to 
contemplate,  in  her  history,  centuries  of  civilization,  of  struggles,  and 
of  progress,  but  that,  unhappily,  his  country  had  been  called  only 
about  thirty  years  ago  to  live  a  modern  life.  Being  in  such  a  con- 
dition of  inferiority,  he  would  have  preferred  if  no  such  example 
had  been  invoked.  The  chairman,  M.  Bourgeois,  immediately  de- 
clared that  he  would  himself  have  taken  occasion  to  repel  the  com- 
parison if  lie  had  understood  it  to  have  been  made  in  the  spirit  taken 
by  ^I.  Beldiman.  He  was  sure,  however,  that,  ^I.  de  Martens  was 
not  referring  specially  to  Roumania,  but  that  he  had  appealed  to  all 
members  of  the  Conference  to  rise  above  tlie  frontiers  of  their  own 
countries,  and  to  consider  only  the  boundaries  of  humanity. 


THE   All  III  THAT  I  OX    Tit  IJ  A  TV  211 

no  means  imply  that  the  facts  tliemsolves  could  not  Chapter  v 
bear  the  light. 

In  all  discussions  of  questions  touching  the  sov- 
ereignty, honor,  and  essential  interests  of  an  indepen- 
dent State,  too  much  stress  cannot  be  laid  upon  the 
memorable  dictum  of  Cesare  Balbo,  that  "  unimpaired 
sovereignty  is  to  a  Nation  what  her  character  is  to  a 
woman."  A  Government  which  wdslies  the  respect 
of  others,  and  hence,  first  of  all,  must  have  its  own, 
must  be  free  in  all  proper  cases  to  take  up  an  attitude 
of  dignified  reserve.  It  must  necessarily  itself  be 
the  judge  of  the  questions  of  propriety  involved. 
The  phrase,  "national  honor  or  vital  interests," 
was  intentionally  made  broad  and  general,  and  the 
Conference  was  well  aware  that  in  so  doing,  not  only 
a  proper  degree  of  reserve,  but  also  possibly  a  great 
amount  of  guilty  concealment,  was  being  made  jdos- 
sible,  and  provided  with  diplomatic  safeguards.  At 
the  same  time,  it  will  be  admitted  that  the  Convention 
for  the  Peaceable  Adjustment  of  International  Differ- 
ences is  infinitely  stronger  for  the  inclusion  of  this 
title,  even  with  its  limitations,  and  this  alone  amply 
justifies  their  inclusion,  for  without  them  the  adoption 
of  the  whole  idea  would  have  been  out  of  the  question. 
The  general  importance  of  the  title  is  correctly  stated 
in  the  article  above  referred  to,  from  which  more  may 
be  quoted:  — 

"  What  we  shall  say,  and  say  with  reason,  is  that  importance 
the   international    Commissions    cV Enqaetc  give    the  S',[„^,'i'[],"^,'^^ 
Governments  of  the  world  an  opportunity  of  having 
an  investigation  of  the  facts  in  dispute,  w^ithout  the 


'2V2     THE  PEACE    CONFERENCE   AT   THE  HAGUE 

Chapter  V  compiilsioH  of  undertaking  to  accept  the  result  arrived 
Importance  of  at  bv  tlie  coniniission  of  inquiry  (see  Article  14).  For 
instuutiou.  practical  purposes  I  expect  that  we  shall  use  the 
international  Commissions  cV Enquete  nine  times  for 
once  that  we  shall  use  the  permanent  court  of  arbi- 
tration in  any  questions  of  serious  importance.  The 
difficulty  of  securing  an  impartial  investigation  of 
the  dispute  is,  that  when  it  is  most  needed,  the  dis- 
putants are  in  the  w^orst  possible  mood  to  assent  to 
it.  They  are  distrustful,  angry,  and  inclined  to  be- 
lieve the  worst  of  everybody  and  everything ;  to  ask 
disputants  in  such  a  temper  to  agree  to  refer  their 
dispute  to  an  international  court  of  investigation  is 
to  secure  an  almost  certain  refusal  if  you  ask  them 
at  the  same  time  to  bind  themselves  to  accept  what- 
ever the  court  or  commission  may  decide. 

" '  Always  arbitrate  before  you  fight,'  was  a  for- 
mula which  did  good  service  in  the  peace  crusade  in 
England,  but  in  order  to  avoid  confusion  of  terms 
it  is  better  to  say,  '  Always  investigate  before  you 
fight,'  and  the  great  advantage  of  international 
Commissions  cC Enquete  is  that  they  open  the  door  to 
a  full,  impartial,  conscientious  investigation  as  to  the 
facts  in  dispute,  without  exacting  as  a  preliminary 
a  promise  to  abide  by  the  judgment  embodied  in  the 
report  of  the  investigators.  We  shall  do  well,  there- 
fore, to  magnify  to  the  utmost  the  functions  of  the 
international  Commissions  cV Enquete,  to  declare  on 
every  occasion  that  they  are  virtually  international 
courts  of  arbitration  whose  verdicts  are  not  binding 
upon  either  litigant." 


THE   A  RBI  THAT/ OX    THE  AT  Y  2\•.^ 

With  reference  to  a  possible  refusal  to  submit  to  chapter  v 
an  investigation  upon  the  ground  that  national  honor  Refusal  to 
or  vital  interests  are  involved,  the  writer  says  with^,"^'"j|ig° 
some  force  that  without  the  justifiable  cause,  to*^'^"- 
which  reference  has  been  made  above,  '*'  the  plea  of 
honor  will  be  regarded  as  the  last  refuge  of  the  dis- 
honorable. There  is  no  one  who  talks  so  loudly  of 
honor  as  the  man  who  plays  with  marked  cards,  and 
the  sharper  who  is  cliallenged  to  produce  his  pack 
before  a  Commission  cVEnquete  is  certain  to  plead 
that  his  honor  is  too  much  at  stake  to  permit  him  to 
do  so,  but  all  his  opponents  know  perfectly  well  how 
to  interpret  such  a  plea.  It  would  be  merely  an 
euphemious  formula  for  admitting  that  he  was  a 
rogue.  So,  any  nation  which  uses  the  plea  of  honor 
to  avoid  a  conscientious  and  impartial  examination 
into  facts  by  an  international  Commission  cV Enquete 
will  come  to  be  reg;arded  as  a  nation  wdiose  honor 
cannot  bear  the  light  of  day,  and  whose  practices 
are  such  that  they  must  be  impenetrable  to  the 
searchlight  of  the  Commission  d' Enquete.  In  like 
manner,  the  phrase  as  to  'essential  interests'  can 
similarly  be  turned  against  the  advocates  of  dark- 
ness, for  how  can  it  be  alleged  that  essential  interests 
can  be  endangered  by  inquiry,  without  admitting  that 
it  is  essential  to  the  essential  interests  which  you  defend 
that  the  truth  should  not  come  to  light.  Every  one 
knows  what  a  jury  thinks  in  a  court  of  law  when  a 
witness  is  compelled  to  admit  that  he  has  suppressed 
the  essential  evidence,  and  if  he  were  further  to 
admit  that  lie  had  suppressed  essential  evidence  be- 


Rniiiii:iiii;i 
Servia 
G  reece 


•Jll     Till-:   PEACE    CONFERENCE    AT    THE   HAGUE 

Chapi.T  V  Ccause  it  was  contrary  to  liis  essential  interests,  the 
verdict  of  that  jury  would  be  a  foregone  conclusion."^ 
Objections  of  In  the  conrse  of  the  debate  on  this  article  M.  Bel- 
servia,  anil  diuiau  ('oui|)lained  that  the  proposition  for  Inter- 
national Commissions  of  Incpiiry  had  never  been 
submitted  to  a  general  discnssion.  A  private  com- 
mittee had  been  directly  charged  with  its  prepara- 
tion, and  even  the  chiefs  of  the  varions  delegations 
had  had  no  means  of  participating  in  the  debates  or 
communicating  with  their  Governments.  Moreover, 
he  considered  it  remarkable  that  in  the  different 
phases  of  the  preparation  of  the  report  the  representa- 
tives of  the  press  seemed  to  have  enjoyed  a  veritable 
privilege  in  the  matter  of  private  information. 

1  While  these  pages  are  passing  through  the  press,  the  situation  in 
the  Chinese  Empire  affords  the  most  strilving  example  possible,  not 
merely  of  the  class  of  questions  which  heretofore  have  almost  invari- 
ably led  to  war,  and  which  under  this  Convention  most  certainly  can 
and  should  be  settled  by  peaceful  methods,  but  more  particularly  of 
the  necessity  of  a  preliminary  impartial  investigation  of  the  facts  by 
an  international  Commission  of  Inquiry,  It  is  only  after  a  judicial, 
careful,  and  thorough  inquiry  into  all  the  facts  Avhich  led  \\\)  to  the 
hostilities  during  the  summer  of  1901),  that  the  civilized  Powers  will 
be  in  a  position  to  do  justice  to  China  and  to  adjust  among  them- 
selves the  minor  questions  of  interest  arising  from  their  different 
duties  and  responsibilities.  It  is,  indeed,  an  ideal  occasion  for  the 
work  of  a  Commission  of  Inquiry,  which,  if  rightly  constituted  and 
conducted,  may  easily  avert  great  perils  and  accomplish  results  of 
far-reaching  importance.  Under  this  treaty,  the  consent  of  a  respon- 
sible Chinese  Government  would  be  requisite,  but  this  consent  might 
justifiably  be  compelled  under  the  exceptional  circumstances  of  the 
case.  Where  a  just  cause  for  war  evidently  and  unquestionably 
exists,  the  right  to  make  the  readiness  to  agree  to  an  impartial 
investigation  a  condition  of  peace  cannot  be  doubted,  and  such  com- 
pulsion would  violate  neither  the  letter  nor  the  spirit  of  the  present 
treaty. 


THE   ARBITRATION   TREATY  215 

M.  Bourgeois  at  the  end  of  the  first  reading  an- Chapter  v 
nounced  that  before  the  second  reading  the  Comite 
d'Examen  woidd  consider  the  amendments  offered  on 
this  day,  together  with  other  proposals,  and  added  : 
"  All  of  the  objections  wliich  have  inspired  the  dele- 
gates of  Roumania,  Servia,  and  Greece  have  re- 
peatedly occurred  to  most  of  the  members  of  the 
Committee.  If  they  had  believed  that  the  proposi- 
tions which  were  adopted  contained  anything  what- 
ever in  impairment  of  the  sovereignty  or  the  dignity 
of  any  Power,  great  or  small,  they  would  not  have 
received  the  vote  of  a  single  member.  It  does  not 
seem  to  me  that  there  can  be  any  true  oljjection  on 
the  merits,  but  it  is  possible  that  the  form  may 
w^ell  be  capable  of  improvement.  AVe  are  ready  to 
make  ever}^  effort  to  agree  with  our  distinguished 
colleagues,  appealing  to  the  sentiment  wliich  has 
often  animated  us  in  the  course  of  our  deliberations, 
namely  :  the  wish  for  unanimity  in  our  decisions.  I 
say  to  M.  Beldiman  and  to  the  delegates  of  Servia 
and  Greece,  come  to  the  Comite  cV Examen,  and 
together  we  shall  endeavor  to  weigh  in  the  balance 
the  objections  which  have  been  raised  against  the 
proposition.  We  shall  endeavor  to  give  you  every 
satisfaction,  and,  in  consequence  of  this  interchange 
of  opposing  views,  we  shall  be  able  to  say  that 
we  have  done  everything  possible  for  the  sake  of 
obtaining  unanimity." 

Article  10.    International  Commissions  of  Inquiry  Agreement 
shall  be  constituted  l)y  a  special  agreement  between  sioiK*^^'"""' 


21G      THE   PEACE    CONFERENCE   AT    THE    HAGUE 

Chapter  V  tliG  parties  to  the  controversy.  The  agreement  for 
the  inquiry  shall  specify  the  facts  to  be  examined, 
and  the  extent  of  the  powers  of  the  Commissioners. 
It  shall  fix  the  procedure.  Upon  the  inquiry  both 
sides  shall  be  heard.  The  procedure  to  be  observed, 
if  not  provided  for  in  the  convention  of  inquiry,  shall 
be  fixed  by  the  Commission. 


Treaty- 
making 
power. 


This  Article  was  adopted  on  the  proposition  of  M. 
Eyschen,  First  Delegate  from  Luxemburg,  and  it  is 
based  on  the  experience  of  similar  commissions  hereto- 
fore. The  provision  that  merely  a  special  agreement 
shall  be  necessary  to  constitute  the  Commission  of 
Inquiry  w^as  inserted  upon  the  motion  of  Count  Nigra, 
who  called  attention  to  the  embarrassment  which 
might  occur  under  present  diplomatic  usage,  if  com- 
missions, which  w^ere  to  proceed  according  to  regular 
procedure,  and  whose  reports  might  therefore  become 
precedents,  were  appointed  sometimes  by  an  act  of  a 
sovereign  treaty-making  power,  and  then  again 
merely  by  an  informal  agreement  bet^veen  diplomatic 
representatives.  In  view  of  the  fact  that  the  report 
of  the  Commission,  according  to  Article  14,  is  not  to 
have  any  binding  force,  it  was  not  the  opinion  of  the 
Committee  that  a  convention  for  a  Commission  of 
Inquiry  must  in  all   cases  be  a  formal  treaty. 

This  point  is  of  essential  importance  in  the  United. 
States  of  America  on  account  of  the  power  of  the 
Senate.  The  appointment  of  a  Commission  of  Inquiry, 
having  no  further  necessary  consequences  than  the 
providing  for  each  party's  share  of  necessary  expenses, 
would  seem  to  be  within  the  ordinary  diplomatic  func- 


THE   ARBITRATION   TREATY  217 

tions  of  the  President  and  the  Department  of  State  by  Chapter  v 
memorandum  or  protocol,  whereas  an  agreement  to 
submit  any  question  to  a  court  of  arbitration,  the  deci 
sion  to  be  binding  upon  the  parties,  must  necessarily 
take  the  form  of  a  treaty  requiring  the  constitutional 
cooperation  of  the  Senate.  The  provisions  for  a  reg- 
ular procedure,  for  the  hearing  of  both  sides  with  the 
necessary  implication  of  communicating  to  each  side 
everything  brought  forth  by  the  other,  and  giving  a 
reasonable  opportunity  of  contradiction,  is  based,  as 
was  shown  by  M.  Eyschen,  upon  practical  experience. 
Commissions  proceeding  without  these  safeguards 
are  apt  to  confide  different  phases  of  the  question 
before  them  to  different  members.  In  the  expressive 
language  of  one  of  the  members  of  the  Committee, 
they  are  quite  as  likely  to  be  influenced  by  the  opin- 
ions of  their  neighbors  at  a  tahle  dliote  as  by  state- 
ments made  to  them  wdiile  nominally  in  the  exercise 
of  their  duty.  The  requirement  fixing  a  stated 
order  of  business  will  no  doubt  greatly  contribute  to 
their  general  efficiency. 

Article    11.    The   International  Commissions  of  Method  of 
Inquiry    shall    be    formed,    unless    otherwise    stipu- ^pi'^^"^'"'^"*- 
lated,   in  the    manner    fixed    by  Article    32   of   the 
present  convention. 

Under  Article  32  each  party  appoints  two  mem- 
bers, and  the  four  are  to  select  the  flftli.  The 
American  representative,  in  the  course  of  the  discus- 
sion in  the  Comite  cT Examen,  called  attention  to 
the  fact  that  the  reasons  for  this  method  which  are 


218       Tin-:   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  V  givGii  ill  tliG  casG  of  arbitration  under  Article  32  do 
not  necessarily  apply  to  comniissions  of  inquiry.  It 
is  more  important,  in  this  latter  case,  to  have  a 
majority  of  the  commission  consist  of  persons  not 
nominated  !)}•  either  party,  inasmuch  as  the  facts 
ma}^  easily  be  different  from  the  contention  of  either 
side.  If  the  commission  were  constituted  according 
to  Article  3!2,  each  State  would  have  two  members, 
and  tliere  would  be  only  one  neutral,  who  would 
generally  have  to  agree  entirely  with  either  side  in 
order  to  make  any  report  possible,  whereas,  if  a 
majority  of  the  commission  consisted  of  neutrals, 
the  report,  though  perhaps  not  wholly  satisfactory 
to  either  party,  would  have  a  greatly  increased 
moral  authority.  The  Committee  contented  itself 
with  spreading  this  observation  upon  the  minutes, 
leaving  it  free,  however,  to  the  parties  to  stipulate 
according  to  the  exigencies  of  each  particular  case. 

Facilities  to  ARTICLE  12.  The  Powcrs  in  dispute  agree  to 
be  supplied,  supply  the  International  Commission  of  Inquiry,  as 
fully  as  they  may  consider  it  possible,  with  all  means 
and  facilities  necessary  to  enable  it  to  arrive  at  a 
complete  acquaintance  and  correct  understanding  of 
the  facts  in  question. 

An  important  limitation  of  this  Article  is  con- 
tained in  the  words,  "  as  fully  as  they  may  consider 
it  possible"  —  the  danger  being  that  an  ill-advised 
or  secretly  hostile  commission  might  demand  infor- 
mation directly  compromising  the  security  of  the 
State. 


THE   A  Rill  Til  AT  ION   TREATY  219 

Article  13.    The  International  Commission  of  1  n- chapter  v 
quiry  shall  present  to  the  parties  in  dispute  its  report  Report, 
signed  by  all  the  members  of  the  commission. 

This,  of  course,  does  not  require  unanimity  in  the 
findings  of  the  facts,  but  it  does  require  the  signature 
of  all  members  to  the  report  stating  what  members, 
if  any,  have  been  able  to  agree  as  to  facts,  and  the 
exact  terms  of  their  agreement.  The  refusal  of  any 
one  member  of  an  international  commission  of  in({uiry 
to  sign  such  a  report,  which  it  will  be  seen  is  really  iu 
the  nature  of  a  record  of  proceedings,  would  there- 
fore make  the  entire  institution  nugatory,  so  far 
as  this  Convention  is  concerned.  It  is  not  ])robable, 
however,  that  this  will  ever  prove  to  be  a  material 
objection  in  ]3ractice — all  the  more,  since  an  arbi- 
trary refusal  of  a  minority  to  sign  would  hardly 
affect  the  moral  authority  of  a  report  signed  by  a 
majority. 

Article  14.    The  report  of  the  International  Com- no  binding 
mission  of  Inquiry  shall  be  limited  to  a  statement  oi^^^^^- 
the  facts,  and  shall  in  no  way  have  the  character  of 
an  arbitral  award.     It  leaves  the  Powers  in  contro- 
versy freedom  as  to  the  effect  to  be  given  to  such 
statement. 

Whatever  essential  effect  and  authority  a  report  of 
the  commission  of  inquiry  may  have,  must  accrue 
to  it  through  its  intrinsic  merit,  and  not  from  any 
authority,  direct  or  implied,  based  upon  the  pro- 
visions of  this  Convention. 

As  was   shown  from  the  quotations  made  above. 


220     THE   PEACE    CONFERENCE  AT   THE   HAGUE 

Chapter  V  tliis  rcature  is  the  very  strength  of  the  title.  It 
may  frequently  secure  recourse  to  this  institution  in 
circumstances  where  the  state  of  the  public  mind 
makes  arbitration  or  even  mediation  impossible,  and 
one  great  object,  the  gaining  of  time,  will  certainly 
be  attained.  Experience  has  shown  that  national 
outbursts  of  passion  cool  down  almost  as  rapidly  as 
the}^  arise  —  the  difficulty  being  only  to  find  some 
obviously  reasonable  occasion  for  delay.  This  occa- 
sion is  certainly  afforded  by  this  title,  the  practical 
working  of  which  will  surely  be  awaited  with  great 
interest. 

TITLE   IV.      INTERNATIONAL    ARBITRATION 

Chcq^ter  I.      On  Arhltral  Justice 

Object  of  Article    15.     International    arl)itration    has    for 

its  object  the  determination  of  controversies  between 
States,  by  judges  of  their  own  choice,  upon  the  basis 
of  respect  for  law. 

International  arbitral  justice  does  not  attempt  to 
supplant  direct  negotiations,  —  it  is  concerned  with 
controversies  which  cannot  be  settled  by  diplomatic 
means.  Reference  will  be  made  hereafter  to  the  fact 
that  the  establishment  of  an  international  court  of 
arbitration  is  likely  to  have  the  effect  of  elevating 
rather  than  lowering  the  standard  of  diplomacy,  and 
of  creatintr  a  demand  for  an  even  his/her  class  of 
men  than  has  hitherto  been  drawn  to  the  diplomatic 
profession. 

Moreover,    arbitration    does     not    interfere    with 


arbitration. 


THE   ARBITRATION   TREATY  221 

Mediation;  on  the  contrary,  it  leaves  the  fiekl  open  chapter  v 
for  the  most  effective  method  of  Mediation,  in  that 
it  supplies  an  end  to  which,  in  many  instances,  the 
efforts  of  mediators  may  well  be  directed. 

Akticle  1G.     In  questions  of  a  judicial  character,  daracter  of 
and  especially  in  ([uesticms  regarding  the  interpreta- recognized  as 
tion  or  application  of   international  treaties  or  con- «>"».ai)ie  for 
ventions,  arbitration   is  recognized  by  the  Signatory '^^' 
Powers    as    the    most    efficacious    and    at    the    same 
time  the  most  equita])le  method  of  deciding  contro- 
versies which  have   not   been    settled  ))y  diplomatic 
methods. 

With  reference  to  this  Article  the  delegation  of 
Roumania  made  the  following  declaration :  — 

'■'  The  Royal  Government  of  Ronmania,  while  en- 
tirely acquiescing  in  the  principle  of  voluntary  arbi- 
tration, of  which  it  appreciates  the  high  importance 
in  international  relations,  is  nevertheless  not  ready 
to  make  an  engagement,  by  virtue  of  Article  16,  to 
accept  arbitration  in  all  the  cases  wdiich  are  therein 
mentioned,  and  it  believes  it  to  be  its  duty  to  formu- 
late these  express  reservations  in  this  respect.  It 
cannot,  therefore,  vote  for  this  Article  except  with 
this  reservation."  ^ 

This  Article  is  of  special  importance,  in  that  it 
emphasizes  the  particular  questions  which  are  above 

^  No  reason  was  ever  given  for  this  and  similar  declarations  made 
by  Ronmania  and  other  Balkan  countries.  A  certain  exaggerated 
racial  and  national  sensitiveness  is  perhaps  not  unnatural  in  the  states 
of  this  storm  centre  of  Europe,  where  exceptions  to  the  rules  formu- 
lated in  the  present  treaty  may  in  all  probability  lirst  become  neces- 
sary. 


222     THE   PEACE    CONFERENCE   AT   THE   II A  CUE 

Chapter  V  all  otliei's  regarded  as  suitable  for  arbitration.  They 
are  judicial  questions,  and  such  as  arise  from  the  in- 
terpretation or  application  of  existing  treaties.  A 
determination  by  judges  can,  properly  speaking,  only 
be  had  regarding  a  judicial  question,  or  a  question 
arising  iq^on  a  particular  document.  Conflicts  of 
interest  and  political  differences  are  not,  strictly 
speaking,  proper  subjects  for  arbitration  in  the  re- 
stricted sense  of  the  term.  The  distinction  here 
made  between  the  two  kinds  of  arbitration,  first, 
judicial,  second,  general,  is  by  no  means  unimpor- 
tant, and  a  clisreu-ard  of  this  difference  has  fre- 
quently  led  to  disappointment,  as  well  as  to  the 
casting  of  a  certain  amount  of  discredit  upon  the 
entire  principle  involved. 

In  his  final  argument  before  the  Arbitration  Tribu- 
nal upon  the  Venezuelan  boundary  question,  ex-Presi- 
dent Harrison  of  the  United  States,  emphasizing  this 
point,  uses  this  language  (p.  2982)  :  — 
Reniarksof         "  Mr.  PRESIDENT:  It  has  bccu  to  me  a  matter  of 
HarriToltn"'  spGclal  interest  that  the  President  of    this  tribunal, 
Paris.  after  his  designation  by  these  two  contending  nations 

for  that  high  place  which  assigned  to  him  the  duty 
of  participating  in  practical  arbitration  between 
nations,  was  called  by  his  great  Sovereign  to  take 
part  in  a  Convention  which  I  believe  will  be  counted 
to  be  one  of  the  greatest  assemblies  of  the  nations 
that  the  world  has  yet  seen,  not  only  in  the  personnel 
of  those  who  are  gathered  together,  but  in  the  wide 
and  widening  effect  which  its  resolutions  are  to  have 
upon  the  intercourse  between  nations  in  the  centuries 


THE   ARBITRATION    TREATY  223 

to  come.  There  was  nothing,  Mr.  President,  in  your  chapter  v 
proceedings  at  The  Hague  that  so  much  attracted  my 
approbation  and  interest,  as  the  proposition  to  con- 
stitute a  permanent  court  of  arbitration.  It  seems  to 
me  that  if  this  process  of  settling  international  differ- 
ences is  to  commend  itself  to  the  nations,  it  can  only 
hope  to  set  up  for  the  trial  of  such  questions  an  abso- 
lutelj-  impartial  JK/Ilcial  tribunal.  If  conventions,  if 
accommodation,  and  if  the  rule  of  '  give  and  take  '  are 
to  be  used,  then  let  the  diplomatists  settle  the  ques- 
tion ;  but  when  these  have  failed  in  their  work,  and  the 
question  between  two  great  nations  is  submitted  for 
judgment,  it  seems  to  me  necessarily  to  imply  the  in- 
troduction of  a  judicial  element  into  the  controversy." 

It   will   readily    be    seen    that    almost  everything  importance  of 
depends    upon    the   form   of   the    statement   of   the  statement  of 
question   to    be    submitted.       If    it    is    stated    as    a  *^*^  *i"''^'°''- 
proposition  of  law,  the  decision  must  necessarily  be 
without  reference  to  the  interests  of  either  or  any 
party.     If,  on  the  other  hand,  it  is  stated  as  a  ques- 
tion   of    conflicting    interests  —  political,    territorial, 
commercial,  or  otherwise  —  compromise  accommoda- 
tion, the  rule  to  give  and  take,  as  President  Harri- 
son   puts    it,    is    not    only    permissible     but    almost 
indispensable.       The    Venezuelan    Tribunal,  judging 
from  its  award,  seems  to  have  regarded  the  question 
submitted  to  it  as  one  of  the  latter  class  ;  whereas 
the    Behring    Sea    Tribunal    of     1889    undoubtedly 
regarded  its  task  as  strictly  judicial.'     In  both  cases 

1  It  will  be,  useful  to  (•()ini>are  the  statement  of  the  questions  sub- 
mitted for  arbitration  as  stated  in   tlie  treaties  coveriu""  both  these 


2-2 i      THE  PEACE   CONFERENCE   AT   THE  HAGUE 

CLapter  V      the  decLsion  seems  to  have  followed  logicallj'  from 
Importance     the  method  of  statino;  the  question,  and  the  lesson 

of  the  form  of  ,  . 

statement  of    oi  these  two  recent  and  very  important  cases  is  not 
tie  question.  |-j-^^|y  ^q  j^g  j^^g^-  |^,pQi^  t,lie  diploiiiatists  or  arbitrators 

instances.     With  regard  to  the  Behring  Sea  controversy,  the  hmguage 
of  the  treaty  is  as  follows  :  — 

Article  VT.  In  deciding  the  matters  submitted  to  the  Arbitra- 
tors, it  is  agreed  that  the  following  five  points  shall  be  submitted  to 
them,  in  order  that  their  award  shall  embrace  a  distinct  decision  upon 
each  of  said  five  points,  to  wit :  — 

1.  What  exclusive  jurisdiction  in  the  sea  now  known  as  Behring\s 
Sea,  and  what  exclusive  rights  in  the  seal  fisheries  therein,  did  Russia 
assert  and  exercise  prior  and  up  to  the  time  of  the  cession  of  Alaska 
to  the  United  States? 

2.  How  far  were  these  claims  of  jurisdiction  as  to  the  seal  fish- 
eries recognized  and  conceded  by  Great  Britain? 

3.  Was  the  body  of  water  now  known  as  the  Behring's  Sea  in- 
cluded in  the  phrase  "  Pacific  Ocean,"  as  used  in  the  treaty  of  1825 
between  Great  Britain  and  Russia ;  and  what  rights,  if  any,  in  the 
Behring's  Sea  were  held  and  exclusively  exercised  by  Russia  after 
said  Treaty? 

4.  Did  not  all  the  rights  of  Russia  as  to  jurisdiction,  and  as  to  the 
seal  fisheries  in  Behring's  Sea  east  of  the  water  boundary,  in  the 
Treaty  between  the  United  States  and  Russia  of  March  30,  1867, 
pass  unimpaired  to  the  United  States  under  that  Treaty? 

5.  Has  the  United  States  any  right,  and  if  so,  what  right  of  pro- 
tection or  property  in  the  fui'-seals  frequenting  the  islands  of  the 
United  States  in  Behring  Sea  when  such  seals  are  found  outside  the 
ordinary  three-mile  limit? 

With  reference  to  the  boundary  of  Venezuela  and  British  Guiana 
the  treaty  of  February  2,  1891,  provides  :  — 

Article  1.  An  arbitral  tribunal  shall  be  immediately  appointed 
to  determine  the  boundary  line  between  the  Colony  of  British 
Guiana  and  the  United  States  of  Venezuela;  and 

Article  4.  In  deciding  all  matters  submitted  the  arbitrators 
shall  ascertain  all  facts  by  them  deemed  necessary  to  a  decision  of 
the  controversy,  and  shall  be  governed  by  the  following  rules,  whicli 
are  agreed  upon  by  the  Contracting  Parties  as  rules  to  be  taken  as 
applicable  to  the  case  and  by  such  principles  of  international  law  not 
inconsistent  therewith,  as  the  arbitrators  shall  determine  to  be  appli- 
cable to  the  case. 

Rules 

A.  Adverse  holding  or  transcription  during  a  period  of  fifty  years 
shall  make  a  good  title.     The  arbitrators  may  deem  exclusive  politi- 


THE  AJiBITKATWN    TREATY  225 

of  the  future.     See  upon  the  entire  subject,  Ileffter  chapter  v 
(Ed.  Geffken),  §  109,  and  the  full  and  adnurablo  dis- 
cussion in  Calvo,  Droit  International,  sections  1703- 
180G. 

Article  17.    An  agreement  of  arbitration  may  be  Agreements 
made  with  reference  to  disputes  already  existing  or°„ge"erai."'''' 
those  which  may  hereafter  arise.     It  may  relate  to 
every  kind  of  controversy  or  solely  to  controversies 
of  a  particular  character. 

This  Article  does  not  impose  any  special  obligation 
upon  the  signatory  powers,  but  it  indicates  in  a  use- 
ful manner  a  possible  extension  and  further  develop- 
ment of  this  convention.  An  agreement  to  submit  a 
controversy  already  existing  to  arbitration  is  recog- 
nized as  the  ordinary  method  of  procedure.  An 
agreement  to  submit  future  controversies  to  arbitra- 
tion now  exists  in  an  obligatory  form  for  all  the 
members  of  the  International  Postal  Union  so  far  as 
postal  questions  are  concerned,  and  several  treaties 
having  this  particular  object  have  been  concluded 
between  various  Powers,  notably  the  treaty  between 
Holland    and    Portugal    of   July    5,    1894,    and   the 

oal  control  of  the  district,  as  well  as  actual  settlement  thereof,  sufR- 
cient  to  constitute  adverse  holding  or  to  take  title  by  transcription. 

B.  The  arbitrators  may  recognize  and  give  effect  to  rights  and 
claims  arising  on  any  other  ground  whatever,  valid  according  to 
international  law  and  of  any  principles  of  international  law  which 
the  arbitrators  may  deem  to  be  a]iplicable  to  the  case  and  which  are 
not  in  contravention  of  the  foregoing  rules. 

C.  In  determining  the  boundary  line  of  territory  of  one  party 
found  by  the  arbitrators  to  have  been  at  the  date  of  this  treaty  in 
the  occupation  of  the  subjects  or  citizens  of  the  other  Jiarty  such  effect 
shall  be  given  to  such  occupation  as  reason,  justice,  the  principles  of 
international  law  and  the  equities  of  the  case  shall  in  the  opinion  of 
the  tribunal  recpiire. 


L'lH;     the   peace   conference  at   TirE   HAGUE 

Chapter  V  treaty  of  arbitration  between  Italy  and  the  Argen- 
tine Republic  of  July  23,  1898.  Among  the  projects 
for  similar  treaties  the  most  notal)le  are  the  propo- 
sition for  such  a  treaty  between  Switzerland  and  the 
United  States,  dated  July  24,  1893,  the  arljitration 
treaty  elaborated  by  the  Pan-American  Conference, 
October  2,  1889,  and  the  proposed  Treaty  between 
Great  Britain  and  the  United  States,  dated  November 
12,  189G. 

The  Roumanian  Government  made  the  following 
declaration  with  reference  to  this  Article :  "  The 
Royal  Government  of  Roumania  declares  that  it 
cannot  adhere  to  Article  17  except  upon  the  express 
reservation  entered  upon  the  minutes,  that  it  has 
decided  not  to  accept,  in  any  case,  international  arbi- 
tration for  controversies  or  differences  anterior  to 
the  conclusion  of  the  present  Convention." 

Obligation  to       ARTICLE  18.    The  agreement  of  arbitration  implies 
submit  to       ^YiQ  obligation  to  submit  in  good  faith  to  the  decision 
of  the  arbitral  tribunal. 

Without  this  implied  agreement  arbitration  would 
rapidly  sink  into  a  purely  academic  institution,  and 
the  force  of  intelligent  and  civilized  public  opinion  is 
relied  upon  as  a  sufficient  sanction  to  enforce  this  as 
well  as  other  obligations  imposed  by  this  Convention. 

Furtiier  ARTICLE   19.    Independently  of    existing   general 

or  special  treaties  imposing  the  obligation  to  have 
recourse  to  arbitration  on  the  part  of  any  of  the 
Signatory  Powers,  these  Powers  reserve  to  them- 
selves the  right  to  conclude,  either  before  the  rati- 


agreemeiits 
to  be  made. 


THE   ARBITRATION   TREATY  227 

fication  of  the  present  Convention,  or  subsequent  to  Chapter  v 
that  date,  new  agreements,  general  or  special,  with  a 
view  of  extending  the  obligation  to  submit  contro- 
versies to  arbitration  to  all  cases  which  they  consider 
suitable  for  such  submission. 

Obligatory  Arbitration 

In  the  original  Russian  proposal  regarding  Inter- 
national Arbitration,  Article  10  read  as  follows:  — 

"  From  and  after  the  ratification  of  the  present 
treaty  by  all  the  Signatory  Powers,  arbitration  shall 
be  obligatory  in  the  following  cases,  so  far  as  they 
do  not  affect  vital  interests  or  the  national  honor  of 
the  contracting  States  :  — 

"  I.  In  the  case  of  differences  or  conflicts  reo;ard- 
ing  pecuniary  damages  suffered  by  a  State  or  its  citi- 
zens, in  consequence  of  illegal  or  negligent  action  on 
the  part  of  any  State  or  the  citizens  of  the  latter. 

"  II.  In  the  caNC  of  disagreements  or  conliicts 
regarding  the  interpretation  or  application  of  treaties 
or  Conventions  upon  tlie  following  subjects  :  — 

"  (I)  Treaties  concerning  postal  and  telegraphic 
service  and  railways,  as  well  as  those  having  for 
their  object  the  protection  of  submarine  telegraphic 
cables ;  rules  concerning  the  means  of  preventing 
collisions  on  the  high  seas ;  Conventions  concerning 
the  navigation  of  international  rivers  and  inter- 
oceanic  canals. 

"  (2)  Conv(mtions  concerning  the  protection  of  lit- 
erary and  artistic  property,  as  well  as  industrial  and 
proprietary  rights  (patents,  trade-marks,  and  com- 
mercial names) ;  Conventions  regarding  monetary 
affairs,  weights,  and  measures  ;  Conventions  regard- 
ing sanitary  affairs  and  veterinary  precautions  and 
measures  against  the  phylloxera. 


228      THE  PEACE    CONFERENCE   AT   THE  HAGUE 


affairs 
stricken  out 
on  motion  of 
the  United 
States. 


Chapter  V  "('5)    Coh veiitioiis  regarding  inheritances,  extradi- 

tion, and  mutual  judicial  assistance. 

"  (4)  Boundary  Conventions  or  treaties,  so  far 
as  they  concern  purely  technical,  and  not  political, 
questions." 

Provisions  At    tlic  first  meeting  of   the    Coniite    cV Examen, 

'inten!atiouai  at  whicli  tliis  Article  was  discussed,  the  American 
reirnicranaisi^epresentative  promptly  moved  to  strike  out  the 
and  monetary  sentence  relating  to  ''  Conventions  regarding  the 
navigation  of  international  rivers  and  inter-oceanic 
canals,"  and  also  the  words  "monetary  affairs"  in 
the  next  jDaragraph.  The  reason  for  both  omis- 
sions, though  clear  enough  to  an  American,  had  to 
be  carefully  explained  to  the  Committee. 

There  can  be  no  doubt  that  any  proposition  in- 
volving the  possible  submission,  to  a  Court  almost 
necessarily  composed  mostly  of  Europeans,  of  such 
purely  American  questions  as  might  arise  concern- 
ing the  navigation  of  the  St.  Lawrence,  the  Rio 
Grande,  the  Columbia,  or  the  Yukon,  could  not  pos- 
sibl}'  be  accepted  by  any  American  Government  or 
ratified  by  an  American  Senate.  The  same  is  true, 
perhaps  even  to  a  greater  extent,  regarding  questions 
concerning  an  Isthmian  Canal  uniting  the  Atlantic 
and  Pacific  oceans.  The  experiences  of  the  Span- 
ish-American War,  notably  the  memorable  voyage 
of  the  Orcfjon,  have,  without  doubt,  wrought  a  com- 
plete and  fundamental  change  in  the  attitude  and 
the  diplomacy  of  the  United  States  of  America, 
so  far  as  such  a  canal  is  concerned.  Whatever 
arguments  may  be  adduced  from   history  or   tradi- 


THE   ARBITRATION   TREATY  229 

tion  in  favor  of  limited  riglits  and  powers,  cannot  Chapter  v 
avail  in  the  face  of  the  evident  and  almost  unani- 
mous determination  of  the  American  people  to 
regard  this  canal,  when  built,  as  part  of  their  own 
coast  line,  and  to  insist  upon  complete  and  exclusive 
American  control  as  the  best  possible  guarantee  for 
the  interests,  not  only  of  the  United  States,  but  of 
humanity  at  large. 

With  reference  to  the  paragraph  about  conventions 
regarding  monetary  affairs,  weights,  and  measures, 
the  American  representative  called  attention  to  the 
fact  that  the  very  inclusion  of  these  different  subjects 
under  one  head  would  give  offence  to  an  important 
part  of  the  American  people,  including  many  respon- 
sible statesmen  whose  cordial  approval  w^as  indis- 
pensable to  the  ratification  of  the  treaty.  A  great 
political  party  maintained  that  it  was  fundamentally 
incorrect  and  unjust  to  classify  laws  and  treaties  con- 
cerning mone}',  with  those  concerning  weights  and 
measures,  for  the  reason  that  the  agency  of  govern- 
ment in  fixing  the  monetary  standard  and  in  giving 
a  legal  tender  quality  to  coin  or  paper,  introduces  an 
element  so  peculiarly  appurtenant  to  the  sovereignty 
of  the  State  itself,  as  to  make  a  radical  distinction 
necessary,  from  a  political  as  well  as  a  scientific  ^^oint 
of  view.  The  American  representative  protested 
against  the  inclusion  in  the  treaty  of  any  provision 
which  might  have  the  deplorable  result  of  making 
the  ratification  of  the  treaty  a  party  question  in  the 
United  States.  The  motion  made  on  behalf  of  the 
United   States   was,   after   some    discussion,    carried 


2:50     THE   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  V  u nail i 111 ouslj,  and  various  verbal  changes  were  made 
in  the  rest  of  the  Article  as  proposed  by  Russia. 
Finally,  at  the  meeting  on  July  4,  Dr.  Zorn,  ou 
behalf  of  the  German  Empire,  moved  to  strike  out 
the  entire  Article. 
The  entire  It  was  uiidcrstood  that  oiic  of  the  conditions  upon 

stVickcii  out  which  the  German  Empire  had  accepted  tlie  institu- 
Germai^v""^  tlou  of  a  Permanent  Court  of  Arlntration  was  the 
suppression  of  all  provisions  for  compulsory  arbitra- 
tion, and  this  arrangement  was  unanimously  and 
cheerfully  ratified  both  by  the  Committee  and  the 
Conference.  Tlie  American  representative  especially, 
having  taken  personal  part  in  the  negotiations 
which  were  carried  on  in  Berlin,  for  the  purpose 
of  overcoming  the  objections  of  the  German  Em- 
pire to  the  institution  of  a  permanent  Court  of 
Arbitration,  maintained  that  the  provision  for  com- 
pulsory arbitration,  especially  with  the  limiting 
phrase  ''  so  far  as  vital  interests  and  national  honor 
are  not  affected,"  Avas  of  no  importance  whatever, 
compared  with  the  institution  of  the  permanent 
Court  by  the  unanimous  and  cordial  cooperation  of 
all  the  great  Powers.  The  refusal  of  any  one  of  the 
latter  to  consent  to  the  establishment  of  the  Court 
would,  in  all  probability,  have  been  fatal  to  the  idea, 
and  consequently  to  the  success  of  the  entire  Confer- 
ence. On  the  other  hand,  the  provision  for  com- 
pulsory arbitration  would  have  no  greater  sanction 
enforcing  it  than  any  other  portion  of  the  treaty, 
and  it  is  expressly  provided  in  Article  19,  that  the 
Signatory   Powers    reserve    the    right    to    conclude 


THE   ARBITRATION   TREATY  231 

various  treaties  witli  a  view  of  extending  obligatory  chapter  v 
arbitration  to  all  cases  to  which  they  shall  deem  it 
applicable.  Under  these  circumstances  the  rejection 
of  this  provision  may  well  be  regarded  as  one  of  the 
wisest  and  most  conservative  steps  taken  by  the 
Peace  Conference. 


Chapter  II.      On  the  Permanent  International  Court 
of  Arbitration 

No  proposition  before  the  Conference  was  received  The  most 
with  more  sympathy  and  favor  than  the  plan  for  the  subject  con- 
establishment  of  a  permanent  Court  of  Arbitration.  JoiifereiTe!^^ 
It  formed  from  the  first  the  keystone  of  the  proposals 
formulated  and  presented  on  behalf   of   the   United 
States,  and  almost  from  the  moment  of  their  arrival 
at  The  Hague,  the  American  representatives  declared 
that  the  realization  of  this  idea  was  their  chief  object 
at  the  Conference.^     The  Government  of  Great  Brit- 

1  The  number  of   official   attempts, — apart   from    the   efforts   of  Historical 
private  or  religions  bodies,  —  in  the  history  of  the  United  States,  to  ""^^  "^"^  *^® 
establish  a  system   of   peaceable    adjustment    of  differences    fii'isi'ig  the  United 
between   nations   is   both    significant    and    instructive.     As   early   as  states  on  the 
February,  1832,  the  Senate  of  Massachusetts  adopted,  by  a  vote  of  ^"^'J'-''^*' '.'^ 
19  to  5,  a  resolution  expressing  the  opinion  that  "some  mode  should' 
be  established  for  the  amicable   and  final  adjustment  of   all  inter- 
national disputes  instead  of  resorting  to  war."     A  similar  resolution 
was  unanimously  passed  by  the  House  of  Representatives  of  the  same 
state  in  1837,  and  by  the  Senate  by  a  vote  of  35  to  5. 

A  little  prior  to  1840  there  was  much  popular  agitation  regarding 
the  convocation  of  a  Congress  of  Nations  for  the  purpose  of  establisli- 
ing  an  international  tribunal.  This  idea  was  commended  by  resolu- 
tions adopted  by  the  Legislature  of  Massachusetts  in  18-14,  and  by 
the  Legislature  of  Vermont  in  1852. 


232       THE   PEACE    COMEEnE\CE   AT   THE    HAGUE 

ciiaptor  V  ain  shared  this  view  most  cordially,  and  the  honor 
of  taking  the  lead  in  the  practical  effort  of  secur- 
ing its  adoption  belongs  to  the  eminent  First  Dele- 

Histoiieal  In  February,   1.S51,  ISIr.  Foote,  from    tlie   Committee  on  Foreign 

note  on  the      Relations,  reported  to  the  Senate  of  the  United  States  a  resolution 

attitiu  e  0      e  ^1^^^  ^^  ^^^  ^-^^  judgment  of  this  body  it  would  be  proper  and  desirable 

on  the  subject  tor  the  Government  of  these  United  States  whenever  pi'acticable  to 

of  arbitration,  secure  in  its  treaties  with  other  nations  a  provision  for  referring  to 

the  decision  of  nmpires  all  future  misunderstandings  that  cannot  be 

satisfactorily  adjusted  by  amicable  negotiation  in  the  first  instance, 

before  a  resort  to  hostilities  shall  be  had." 

Two  years  later  Senator  Underwood,  from  the  same  Committee, 
reported  a  resolution  of  advice  to  the  President  suggesting  a  stipula- 
tion in  all  treaties  hereafter  entered  into  with  other  nations  referring 
the  adjustment  of  any  misunderstanding  or  controversy  to  the  deci- 
sion of  disinterested  and  impartial  arbitrators  to  be  mutually  chosen. 
May  31,  1872,  Mr.  Sumner  introduced  into  the  Senate  a  resolution 
in  which,  after  reviewing  the  historical  development  of  municipal  law 
and  the  gradual  suppression  of  private  war,  and  citing  the  progressive 
action  of  the  Congress  of  Paris  w'ith  regard  to  neutrals,  he  proposed 
the  establishment  of  a  tribunal  to  be  clothed  with  such  authority  as 
to  make  it  a  "  complete  substitute  for  war,"  declaring  a  refusal  to 
abide  by  its  judgment  hostile  to  civilization,  to  the  end  that  "war 
may  cease  to  be  regarded  as  a  proper  foriu  of  trial  between  nations." 
In  1874  a  resolution  favoring  general  arbitration  was  passed  by 
the  House  of  Representatives. 

April  1,  1883,  a  confidential  inquiry  was  addressed  to  IMr.  Freling- 
huysen,  Secretary  of  State,  by  Colonel  Frey,  then  Swiss  Minister  to 
the  United  States,  regarding  the  possibility  of  concluding  a  general 
treaty  of  arbitration  between  the  two  countries.  Mr.  Frelinghuysen, 
citing  the  general  policy  of  this  country  in  past  years,  expressed  his 
disposition  to  consider  the  proposition  with  favor.  September  5, 1883, 
Colonel  Frey  submitted  a  draft  of  a  treaty,  the  reception  of  which 
was  acknowledged  l)y  ^Nlr.  Frelinghuysen  on  the  26th  of  the  same 
month.  This  draft,  adopted  by  the  Swiss  Federal  Council,  July  24, 
1883,  presented  a  short  plan  of  arbiti'ation .  These  negotiations  were 
referred  to  in  tlie  President's  Annual  ^Message  for  1883,  but  were  not 
concluded. 

In  1888,  a  communication  having  been  made  to  tlie  President  and 
Congress  of  the  United  States  by  two  hundred  and  thii'ty-five  mem- 


THE  ARBITRATION  TREATY  233 

gate    from    that    country.     At   the    session    of    the  Chapter  v 
full   Committee    on   Arbitration,   on    May   26,   Lord 
Pauncefote    took    the   floor    immediately    after    the 

bers  of  the  British  Piirliament,  urging  tlic  coiichision  of  a  treaty  of 
arbitration  between  the  luited  States  and  Great  Britain,  and  rein- 
forced by  petitions  and  memorials  from  multitudes  of  individuals  and 
associations  from  Maine  to  California,  great  enthusiasm  was  exhibited 
in  its  reception  by  eminent  citizens  of  New  York.  As  a  result  of  this 
movement,  on  June  13,  1888,  ]\Ir.  Sherman,  from  the  Committee  on 
Foreign  Relations,  reported  to  the  Senate  a  Joint  Resolution  request- 
ing the  President  to  "invite  from  time  to  time,  as  fit  occasions  may 
arise,  negotiations  with  any  Government  witli  wliich  the  United  State.s 
has  or  may  have  diplomatic  relations,  to  the  end  that  the  differences 
or  disputes  arising  between  the  two  Governments  which  cannot  be 
adjusted  by  diplomatic  agency  may  be  referred  to  arbitration,  and 
be  peaceably  adjusted  by  such  means." 

November  29,  1881,  Mr.  Blaine,  Secretary  of  State,  invited  the  Gov- 
ernments of  the  American  nations  to  participate  in  a  Congress  to  be 
held  in  tlie  City  of  Washington,  November  24,  1882,  "  for  the  purpose 
of  considering  and  discussing  the  methods  of  preventing  war  between 
nations  of  America." 

For  special  reasons  the  enterprise  was  temporarily  abandoned,  but 
was  afterward  revived  and  enlarged  in  Congress,  and  an  Act  was 
passed  authorizing  the  calling  of  the  International  American  Confer- 
ence, which  assembled  in  Washington  in  the  autumn  of  1889.  On 
April  18,  1890,  refei'ring  to  this  plan  of  arbitration,  Mr.  Blaine 
said :  — 

"  If,  in  this  closing  hour,  the  Conference  had  but  one  deed  to  cele- 
brate, we  should  dare  call  the  world's  attention  to  the  deliberate,  con- 
fident, solemn  dedication  of  two  great  continents  to  peace,  and  to  the 
prosperity  which  has  peace  for  its  foundation.  We  hold  up  this 
new  Magna  Charta  which  abolishes  war  and  substitutes  arbitration 
between  the  American  Republics,  as  the  first  and  great  fruit  of  the 
International  American  Conference." 

The  Senate  of  the  United  States  on  February  14,  1890,  and  the 
House  of  Representatives  on  April  3,  1890,  adopted  a  concurrent 
resolution  in  the  language  reported  by  ]\Ir.  Sherman  to  the  Senate  in 
June,  1888. 

July  8,  189.5,  the  French  Chamber  of  Deputies  unanimously  re- 
solved :  "  The  Chamber  invites  the  Government  to  negotiate  as  soon 


2:M      Till-:    PEACE    CONEERENCi:   AT   Till':    HAGUE 

rhaptci- V      reading    of    the    minutes,   and    made    tlie    following 

remarks :  — 
Address  of  ''Mil.  PRESIDENT:   Permit  me  to  inquire  whether 

Lord  Paunce-  before  entering;  in  a  more  detailed  manner  upon  our 

fote.  ^  ^ 

Historical         ^.^  ])ossible  a  permanent  treaty  of  arbitration  between   the   French 
■  tft  lie  of  the  l^'Jp'i''^lic  and  the  Republic  of  the  United  States  of  America." 
United  States        'July  1*J.  18^>;>,  the  British  House  of  Connuons  adopted  the  following 
on  the  subject  resolution  :  — 

ai  )i  i.i  ion.  ^.  i>j.t;,,iyj.,|_  tiiat  this  House  has  learned  with  satisfaction  that  both 
Houses  of  the  United  States  Congress  have  by  resolution  requested 
the  President  to  invite  from  time  to  time,  as  fit  occasions  may  arise, 
negotiations  with  any  Government  with  which  the  United  States  have 
or  may  have  diplomatic  relations,  to  the  end  that  any  differences 
or  disputes  arising  between  the  two  Governments  which  cannot  be 
adjusted  by  diplomatic  agency  may  be  referred  to  arbitration  and 
peaceably  adjusted  by  such  means;  and  that  this  House,  cordially 
sympathizing  with  the  purpose  in  view,  expi'esses  the  hope  that  Her 
Majesty's  Government  will  lend  their  ready  cooperation  to  the 
Government  of  tiie  United  States  upon  the  basis  of  the  foregoing 
resolution." 

December  4,  1893,  President  Cleveland  referred  to  the  foregoing 
resolution  of  the  British  House  of  Connnons  as  follows  :  — 

"It  affords  me  signal  pleasure  to  lay  this  parliamentary  resolution 
before  the  Congress  and  to  express  my  sincere  gratification  that  the 
sentiment  of  two  great  and  kindred  nations  is  thus  authoritatively 
manifested  in  favor  of  the  rational  and  peaceable  settlement  of  inter- 
national quarrels  by  honorable  resort  to  arbitration." 

These  resolutions  led  to  the  exchange  of  communications  regarding 
the  conclusion  of  a  permanent  treaty  of  arbitration,  suspended  from 
the  spring  of  1895  to  March  5,  1898,  when  negotiations  were  resumed 
which  resulted  in  the  signature  of  a  treaty,  January  11,  1897,  between 
the  United  States  and  Great  Britain. 

In  his  Inaugural  Address,  IMarch  4,  1897,  President  IMcKinley 
said  :  — 

"  Arbitration  is  the  true  method  of  settlement  of  international  as 
well  as  local  or  individual  differences.  It  was  recognized  as  the  best 
means  of  adjttstinent  of  differences  between  employers  and  employees 
by  the  Forty-ninth  Congress  in  1886,  and  its  application  was  extended 
to   our  diplomatic    relations   by  the   unanimous   concurrence   of  the 


THE   A  till  I TR  ATI  UN    TREATY  235 

duties  it  would  not  be  useful  and  opportune  to  sound  chapter  v 
the  Committee  on  the  subject  of  a  question  which  in 
my  opinion  is  the  most  important  of  all,  namely:  the 
establishment  of  a  permanent  international  triljunal 

Senate  and  House  of  the  Fifty-first  Congress  in  1890.  Tlie  latter 
resolution  was  accejited  as  the  basis  of  negotiations  with  us  by  the 
British  House  of  Commons  in  isi):!.  and  upon  our  invitation  a  treaty 
of  arbitration  between  the  United  States  and  (ireat  Britain  was 
signed  at  Washington  and  transmitted  to  the  Senate  for  ratification 
in  January  last. 

"Since  this  treaty  is  clearly  the  result  of  our  own  initiative,  since 
it  has  been  recognized  as  the  leading  feature  of  our  foreign  policy 
throughout  our  entire  national  history,  —  the  adjustment  of  difficulties 
by  judicial  methods  rather  than  force  of  arms,  —  and  since  it  presents 
to  the  world  tlie  glorious  example  of  reason  and  peace,  not  passion 
and  war,  controlling  the  relations  between  two  of  the  greatest  nations 
of  the  world,  an  example  certain  to  be  followed  by  others,  I  respect- 
fully urge  the  early  action  of  the  Senate  thereon,  not  merely  as  a 
matter  of  policy,  but  as  a  duty  to  mankind.  The  importance  and 
moral  influence  of  the  ratification  of  such  a  treaty  can  hardly  be  over- 
estimated in  the  cause  of  advancing  civilization.  It  may  well  engage 
the  best  thought  of  the  statesmen  and  people  of  every  country,  and  I 
cannot  but  consider  it  fortunate  that  it  was  reserved  to  the  United 
States  to  have  the  leadership  in  so  grand  a  work." 

The  Senate  of  the  United  States  declined  to  concur  in  the  rati- 
fication of  the  treaty  of  Arbitration  with  Great  Britain,  but  for 
reasons  which  do  not  affect  a  general  treaty  directed  toward  a  similar 
end. 

The  traditions  of  American  diplomacy  have  been  fully  maintained 
by  Secretary  John  Play,  who  in  his  instructions  to  the  American 
Commission  to  the  Peace  Conference,  uses  this  language:  "'The 
prevention  of  armed  conflicts  by  pacific  means'  —  to  use  the  words 
of  Count  ^Nlouravieffs  circular  of  December  30  —  is  a  proposition  well 
worthy  of  a  great  international  convocation,  and  its  realization,  in  an 
age  of  general  enlightenment,  should  not  be  impossible.  The  duty  of 
Sovereign  States  to  promote  international  justice  by  all  wise  and 
effective  means  is  secondary  only  to  the  fundamental  necessity  of 
preserving  their  own  existence.  Next  in  importance  to  their  indepen- 
dence is  the  great  fact  of  their  interdependence.  Nothing  can  secure 
for  human  government  and  for  the  authority  of  law  which  it  repre- 


2:ii;     THE    PEACE    CONFERENCE   AT   THE    HAGUE 

chapt.r  V  uf  arbitration,  such  as  you  liave  mentioned  in  your 
Address  of  uddrcss.  Many  proposed  codes  of  arbitration  and 
fote.  ^  "  rul(!S  of  procedure  have  been  made,  but  up  to  the 
present  time  the  procedure  has  been  regulated  by 
tlie  arbitrators,  or  by  general  or  special  treaties. 
No\Y  it  seems  to  me  that  new  codes  and  i-egulations 
of  arbitration,  whatever  may  be  their  merit,  do  not 
greatly  advance  the  grand  cause  for  which  we  are 
gathered  here.  If  it  is  desired  to  take  a  step  in 
advance,  I  am  of  the  opinion  that  it  is  absolutely 
necessary  to  organize  a  permanent  international  tri- 
bunal which  can  be  called  together  immediately  at 
the  request  of  contending  Nations.  This  principle 
once  established,   I  believe   we  shall  not   have  any 

Historical  sents  so  deep  a  respect  and  so  firm  loyalty  as  the  spectacle  of  Sovereign 
note  on  tlie  and  independent  States,  whose  duty  it  is  to  prescribe  the  rules  of 
attitude  of  justice  and  impose  penalties  upon  the  lawless,  bowing  with  reverence 
States  on  the  I'efore  the  august  supremacy  of  those  principles  of  right  which  give 
subject  of         to  law  its  eternal  foundation." 

Arbitration.  'pj^g  publication  by  this  Government  of  the  exhaustive  "  History 

and  Digest  of  the  International  Arbitrations  to  which  the  United 
States  has  been  a  party,"  six  volumes,  by  Professor  John  Bassett 
Moore,  former  Assistant  Secretary  of  State,  is  a  significant  event  in 
the  history  of  arbitration.  This  work  shows  beyond  controversy  the 
applicability  of  judicial  methods  to  a  large  variety  of  international 
disagreements,  whicli  have  been  successfully  adjudicated  by  individual 
arbitrators,  or  temporary  boards  of  arbitration  chosen  by  the  litigants 
for  each  case.  It  also  furnishes  a  valuable  body  of  precedents  for  the 
guidance  of  future  tribimals  of  a  similar  nature.  But  perhaps  its 
highest  significance  is  the  demonstration  of  the  superiority  of  a  per- 
manent tribunal  over  merely  special  and  temporary  boai'ds  of  arbitra- 
tion, with  respect  to  economy  of  time  and  money  as  well  as  uniformity 
of  method  and  procedui'e.  The  Delagoa  Bay  award  was  made  subse- 
quently to  the  publication  of  tliis  "History  and  Digest,"  otherwise  one 
more  striking  example,  illustrating  the  same  idea,  might  have  been 
added. 


THE   ARBITRATION   TREATY  237 

difficulty  in  agreeing  upon  details.  The  necessity  of  Chapter  v 
such  a  tribunal  and  the  advantages  which  it  confers, 
as  well  as  the  encoiu-agement  and  in  fact  the  pres- 
tige which  it  will  give  to  the  cause  of  arl)itration, 
have  been  demonstrated  with  as  much  eloquence  as 
force  and  clearness  by  our  distinguished  colleague, 
M.  Descamps,  in  his  interesting  essay  on  arbitration, 
of  which  an  extract  will  be  found  among  the  Acts 
and  Documents  so  graciously  furnished  to  the  Confer- 
ence by  the  Netherlands  Government.  I  have  no 
more  to  say  upon  this  sul^ject,  but  I  would  be  very 
grateful  to  you,  Mr.  President,  if  l^efore  proceeding 
any  further  you  would  consent  to  elicit  the  ideas 
and  sentiments  of  the  Committee  u})on  the  propo- 
sition which  I  have  the  honor  of  submitting  to  you, 
touching  the  establishment  of  a  permanent  inter- 
national  tribunal  of  arbitration." 

Wl]ile  this  sj^eech  called  forth  no  immediate  reply, 
it  nevertheless  struck  the  keynote,  as  it  were,  of  the 
subsequent  discussions.  It  was  immediately  followed 
by  the  production  of  tlie  Russian  proposal  for  a  per- 
manent court,  and  it  prevented  a  waste  of  time  in 
desultory  discussions  of  preliminaries.  It  was  the  right 
word,  said  at  the  right  time,  and  marked  a  turning- 
point  in  the  history  of  the  Conference. 

There  can  be  no  (loul)t  that  the  establishment  of  a 
permanent  court  of  arbitration  satisfies  one  of  the 
most  profound  aspirations  of  civilized  peoples.  In 
view  of  the  progress  hitherto  attained  in  the  mutual 
relations  of  States  this  great  institution  can  and 
ought  to  be  a  mighty  power  making  for  the  cause  of 


L»;5S     TUE   PEACE   CONFERENCE   AT    THE    HAGUE 

Chapter  V  right  and  justicG  tliroiigliout  tliG  worlcl.  The  organ- 
ization of  such  a  court  was  soon  found  to  present  no 
insurmountable  obstacles  —  upon  the  one  condition, 
however,  that  it  must  be  founded  upon  the  principle 
that  the  community  of  nations  is  one  of  coordination 
and  not  of  suljordination,  and  that  this  new  organ 
of  international  justice  must  always  retain,  as  M. 
Descamps  expressed  it,  the  character  of  "  a  free  tribu- 
nal in  the  midst  of  independent  States." 

In  the  elaboration  of  the  plans  for  the  Court  by 
the  Comite  (TExamen  the  project  submitted  by  Lord 
Pauncefote  on  behalf  of  Great  Britain  was,  by  com- 
mon consent,  accepted  as  the  basis  of  the  discussion. 
Besides  this  the  delegations  from  Russia  and  from 
the  United  States  presented  plans  of  which  the  more 
valuable  features  were  incorporated  in  the  final  re- 
port of  the  Committee.  The  distinctive  features  of 
the  British  proposal  were  as  follows  :  — 
The  British  1.  Tlic  appointment  by  each  Signatory  Power  of 
proposal.  ^^^  equal  number  of  arbitrators,  to  be  placed  upon  a 
general  list  entitled  Members  of  the  Court  ;  2.  The 
free  choice  from  this  list  of  arbitrators,  called  to  form 
a  tribunal  for  the  particular  cases  submitted  to  arbi- 
tration by  the  various  Powers  ;  3.  The  establishment 
at  The  Hague  of  an  international  Bureau  acting  as 
chancellery  of  the  Court;  4.  The  establishment  of 
a  council  of  administration  and  control,  composed  of 
the  diplomatic  representatives  of  the  Powers  accred- 
ited to  The  Hague  ;  the  Minister  of  Foreign  Affairs 
of  the  Netherlands  being  added  as  President  upon 
the  sugo;estion  of  Ambassador  White. 


THE   ARBITRATION'   TREATY  239 

The  Russian  project  had  for  its  fundamental  ideas  chapter  v 
the   following:    1.  The   designation,  by  the   present  The  Knssian 
Conference,  for  a  period  which  should  last  until   the'^'^"^'"'"^ ' 
meeting  of  another  similar  Conference,  of  five  Powers, 
to  the  end  that  each  of  these  in  case  of  an  a2:reement 
for   arbitration,    should    nominate   one   judge   either 
from  among  its  own  citizens  or  from  without ;  2.  The 
establishment  at  The  Hague  of  a  permanent  Bureau 
with  the  duty  of  comnuuiicating  to  the  five  Powers 
appointed  the  request  for  the  appointment  of  arbitra- 
tors by  the  contending  parties. 

The  American  plan  differed  from  the  others  chiefly  The  American 
in  the  following  features:  1.  Tiie  appointment  by^'^"' 
the  lii<ji:liest  court  of  each  State  of  one  member  of  the 
international  tribunal ;  2.  The  organization  of  the 
tribunal  as  soon  as  nine  Powers  should  adhere  to 
the  Convention  ;  o.  The  appointment  of  a  particular 
bench,  to  sit  for  each  case  submitted,  according  to 
the  agreement  between  the  contending  States.  This 
agreement  might  call  for  the  sitting  of  all  the  mem- 
bers of  the  tribunal,  or  for  a  smaller  given  nuuiber, 
not  less,  however,  than  three.  Whenever  the  Court 
consisted  of  not  more  than  three  judges  none  of  the 
latter  should  be  a  native,  subject,  or  citizen  of  either 
of  the  litigating  States.  4.  The  right  of  the  litigating 
States,  in  particular  cases  and  within  certain  limits 
of  time,  to  have  a  second  hearing  of  the  question 
involved  before  the  same  judges. 

The  preliminary  discussion  upon  the  subject  of  the 
permanent  Ccjurt  of  Arliitration  in  the   Comite  cVEx- 


240     THE   PEACE    CONFERENCE   AT   THE   HAGUE 


Chapter  V 

The  discus- 
sion in  the 
Coinitd 
d'  Examen. 


The  declara- 
tion of  the 
French 
Delegation. 


amen  was  one  of  particular  importance  and  interest, 
and  took  place  on  the  Oth  of  June  in  the  Salle  de 
Treves  in  the  Palace  of  the  Binnenhof  at  The  Hague, 
where  most  of  the  sessions  of  the  Committee  were 
held.  At  the  opening  of  the  session,  M.  Bourgeois, 
the  Chairman,  on  behalf  of  the  French  Delegation, 
read  a  statement  to  the  effect  that  the  French  Dele- 
gation, recognizing  that  a  common  purpose  animated 
the  different  projects  submitted  to  the  Committee,  and 
that  the  principles  involved  were  sufficiently  stated 
in  one  or  the  other  of  these  projects,  had  come  to  the 
conclusion  that  it  was  not  necessary  on  their  part  to 
submit  a  separate  project,  but,  under  the  double 
guaranty  of  entire  liberty  in  having  recourse  to  the 
tribunal,  and  the  liberty  of  choosing  arbitrators,  the 
deleo-ation  did  not  hesitate  to  f2;ive  from  the  start  its 
cordial  adhesion  to  the  proposed  new  institution. 
"  Under  this  double  guaranty,"  said  M.  Bourgeois, 
"we  do  not  hesitate  to  support  the  idea  of  the  perma- 
nent institution,  always  accessible  and  charged  with 
applying  rules  and  following  the  procedure  estab- 
lished between  the  Powers  represented  at  the  Confer- 
ence at  The  Hague.  We  also  accept  the  establishment 
of  the  international  Bureau,  which  should  be  estab- 
lished to  give,  as  it  were,  continuity,  and  serving  as 
a  chancellery,  clerk's  office,  and  archives  of  the  arbi- 
tral tribunal.  \ye  believe  that  it  is  particularly  use- 
ful that  it  should  be  continuous  in  its  service,  not 
only  for  the  purpose  of  preserving  at  one  common 
point  the  judicial  intercourse  between  the  Nations, 
and  for  the  purpose  of  rendering  more  certain  the 


THE   ARBITRAriON   TREATY  241 

unity    of    procedure,    but   also    for   the    purpose    ofcimpterv 
reiiiindirig  incessantly  the  spirit  of  all  peoples  by  a 
conspicuous  and  respected  sign,  of  the  superior  idea 
of  right  and  of  humanity,  which  the  invitation  of  His 
Majesty  the  Emperor  of  Russia  calls  upon  all  civil- 
ized  States  to   follow   in   common  up  to  the   point 
of  realization.     The  French  Delegation  at  the  same  Proposed 
time  believes  that  it  is  possible  to  invest  this  perma- "^e'Bureau. 
nent  institution  with  an  even  more  efficacious  role. 
It    is    of    the    opinion    that    the    Bureau    might   be 
invested    with    an    international    mandate,    strictly 
limited,  giving  it  the  power  of  initiative,  and  facili- 
tating   in   most    cases    the    recourse    of    Powers    to 
arbitration. 

''  In  case  there  should  develop  between  two  or  more 
of  the  Signatory  States  one  of  the  differences  recog- 
nized as  being  a  proper  subject  for  arbitration,  the 
permanent  Bureau  should  have  the  duty  of  remind- 
ing the  litigating  parties  of  the  Articles  of  this 
Convention,  having  for  its  object  the  right  or  the 
obligation  to  have  recourse,  by  consent  in  such  a  case, 
to  arbitration. 

"  It  would  therefore  offer  its  services  to  act  as  an 
intermediary  between  them,  in  putting  into  motion 
the  procedure  of  arbitration,  and  opening  unto  them 
access  to  its  jurisdiction.  It  is  often  a  legiti- 
mate prejudice  and  an  elevated  sentiment  which  may 
prevent  two  nations  from  coming  to  a  pacific  arrange- 
ment in  an  excited  state  of  public  opinion,  —  which- 
ever of  the  two  Governments  first  requested  arbitra- 
tion might  fear  having  its  initiative  considered  in  its 


242     THE   PEACE   CONFERENCE  AT   THE    HAGUE 

Chapter  V      owii  couTitrv  as  ail  exhibition  of  weakness,  and  not  as 
Pioiiosod        bearing  witness  to  its  entire  confidence  in  its  good 

iiiaiKlate  to  •     i    ■ 

the  Bureau.       rigllt. 

-'  In  giving  to  the  permanent  Bureau  a  particular 
duty  of  initiative,  we  believe  this  offer  would  be 
made  acceptable.  It  is  the  recognition  of  an  anal- 
ogous difficulty  that  has  led  the  Third  Committee 
not  to  hesitate,  in  cases  even  more  serious  and  more 
general,  to  recognize  the  right  of  neutrals  to  offer 
their  mediation,  and  in  order  to  encourage  them 
in  the  exercise  of  this  right,  the  Commission  has 
declared  that  their  intervention  cannot  be  considered 
as  an  unfriendly  act.  A  fortiori,  in  the  special  cases 
to  which  this  j^^'e-'^ent  convention  has  reference,  it  is 
possible  to  give  to  the  permanent  Bureau  a  precise 
duty  of  initiative.  It  will  be  charged  with  remind- 
ing the  parties  of  those  Articles  of  this  Convention, 
which  would  seem  to  the  Bureau  to  cover  the  differ- 
ence between  them,  and  it  would  ask  them,  therefore, 
whether  they  would  consent  under  conditions  foreseen 
by  themselves  to  arbitral  procedure — in  other  words, 
simply  to  carry  out  their  own  engagements.  To  a 
question  thus  asked,  the  answer  will  be  easy,  and  the 
scruple  on  the  score  of  dignity  which  might  other- 
wise prevent  such  recourse,  will  disappear. 

"  In  order  to  put  in  motion  one  of  the  mighty 
machines  by  which  modern  science  is  transforming 
the  world,  it  is  sufficient  simply  to  push  a  finger  at 
the  point  of  contact.  Still,  it  is  necessary  that  some 
one  should  be  charged  with  the  duty  of  making  this 
simple  movement.     The  French  Delegation  believes 


THE   ARBITRATIOX   TREATY  245 

that  the  institution  to  wliich  such  international  nian-cimpter  v 
date    may    be    confided,  will    play  in  history  a  role 
which  will  be  nobly  usefvd." 

It  will  be  seen  that  the  ideas  expressed  in  the  last 
paragrapii  of  the  statement  of  the  French  Delegation 
afterward  took  form  in  a  somewhat  different  shape 
in  Article  27  of  the  present  Convention,  and  refer- 
ence will  be  made  thereto  in  the  discussion  of  that 
Article. 

At  the  close  of  the  presentation  of  the  statement 
from  the  French  Delegation,  Lord  Pauncefote  read 
the  following  statement :  — 

"Before  entering  upon  the  extremely  interesting  statement 
question  which  is  to  engage  our  attention  to-day,  IpaunTefote. 
wish  to  take  occasion  to  express  my  thanks  to  my 
colleagues  from  Russia  and  America  who  have  kindly 
consented  that  the  plan  for  a  permanent  interna- 
tional tribunal  of  arbitration  which  I  have  had  the 
honor  to  introduce  in  the  Committee  should  be  the 
basis 'of  our  deliberations.  In  the  projects  which 
they  have  themselves  introduced,  improvements  of 
my  own  may  be  found,  and  the  Committee  Mdll  sin^ely 
appreciate  their  value  as  well  as  that  of  the  other 
amendments  which  no  doubt  will  be  introduced.  I 
wish  also  to  thank  the  First  Delegate  of  France  for 
the  declaration  which  he  has  just  read,  and  in  which 
he  has  informed  the  Committee  that  he  also  was  will- 
ing to  take  my  plan  as  the  basis  of  the  discussion, 
and  at  the  same  time  I  thank  the  other  members  of 
the  Committee  who  have  done  me  the  honor  of 
expressing  themselves  to  the  same  effect.     I  am  per- 


244     THE   PI'LACE    CONFERENCE   AT    THE    HAGUE 

Chapter  V  siuided  that  in  view  of  the  exceptional  talents  which 
are  to  be  found  in  this  Committee,  we  shall  attain  a 
result  worthy  of  the  mandate  so  nobly  confided  to 
the  Conference  by  His  Imperial  Majesty  the  Emperor 
of  Russia." 

The  Chairman  of  the  Committee,  M.  Bourgeois, 
thereupon  opened  the  discussion  upon  the  question 
of  the  permanent  tribunal  of  arbitration.  Chevalier 
Descamps  of  Belgium  first  spoke  as  follows :  — 
Remarks  by  "  The  institution  of  a  permanent  Tribunal  of 
Descamps.  Arbitration  will  represent  the  common  juridical  con- 
science of  civilized  peoples.  It  will  correspond  to 
the  progress  hitherto  realized  in  the  life  of  nations ; 
to  the  modern  development  of  international  contro- 
versies ;  to  the  necessity  which  to-day  drives  States 
to  seek  in  our  day  a  justice  more  accessible,  in  a  state 
of  peace  less  precarious.  It  may  well  be  a  mighty 
instrument  toward  the  solemn  establishment  of  the 
sentiment  of  justice  in  the  world.  The  presentation 
of  three  plans  upon  this  subject  by  three  great  Powers 
is  a  fact  of  the  highest  importance.  These  projects 
are  diverse  in  character,  but  it  seems  possible  to 
harmonize  them  in  a  manner  which  wdll  accomplish 
all  the  results  immediately  attainable.  The  establish- 
ment of  permanent  arbitral  jurisdictions  is  by  no 
means  an  innovation  without  precedent  in  interna- 
tional law.  The  Convention  of  Berne  of  October 
14,  1890,  provides  for  the  establishment  of  a  free 
Tribunal  of  Arbitration,  to  which  the  German  Dele- 
gation, at  the  very  first  Conference  in  1878,  wanted 
to  confide  most  important  duties  and  attributes. 


THE   ARBITRATION   TREATY  245 

"The  establishment  of  the  permanent  Tribunal  of  chapter  v 
Arbitration  presents  no  insurmountable  ditiiculties, 
and  it  may  easily  be  the  most  important  factor  in  the 
international  problem  before  the  Conference  of  The 
Hague.  The  difficulties  which  the  magnanimous 
views  and  wishes  of  His  Majesty  the  Emperor  of 
Russia  encountered  in  other  respects  are  one  more 
reason  for  us  to  turn  our  attention  to  the  organiza- 
tion of  Mediation  and  Arbitration.  It  is  necessary 
to  develop  and  consolidate  the  organic  interests  of 
peace.  It  is  upon  this  suljject  that  general  attention 
in  all  countries  has  been  directed  to  this  Conference, 
with  hopes  which  cannot  be  disappointed  without 
great  and  serious  damage.  The  propositions  which 
we  shall  formulate  and  upon  which  we  hope  to 
harmonize  the  States  here  represented  will  no 
doubt  Ije  modest.  The  future  will  develop  and  en- Looking  to 
large  those  features  of  our  work  capable  of  such 
enlargement  for  the  good  of  all  peoples  and  for  the 
progress  of  humanity.  As  for  the  delegates  at  this 
Conference,  it  will  no  doubt  be  one  of  the  greatest 
sources  of  happiness  in  their  life,  to  have  cooperated 
in  the  accomplishment  of  this  grand  result  —  the 
fraternal  rajyprochement  of  peoples  and  the  stability 
of  general  peace." 

After  this  general  introduction,  M.  Descamps  stated  suggesUons 
that  according  to  his  views  one  of  the  most  advan- camps.  ^^ 
tageous  features  of  the  permanent  tribunal  of  arbi- 
tration would  be  this,  that  the  members  designated 
by  the   different  States  could  meet,  say  every  three 
mouths.     They  would  elect  a  President  who  should 


24(J     THE   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  V  be  rc-eligible,  and  they  would  have  the  function  of 
appointing  from  among  their  number  a  bench  to  sit 
in  vacation.  This  would  help  the  disposition  of 
States  wlio  wanted  to  have  recourse  to  the  Tribunal 
on  matters  which  might  not  seem  to  have  sufficient 
importance  to  warrant  a  meeting  of  the  entire  court. 
To  his  view  this  simplification  would  present  many 
advantages,  by  avoiding  the  necessity  of  constituting 
for  each  case  a  complicated  and  costly  mechanism, 
and  by  such  an  arrangement  the  Peace  Conference 
would  have  constituted  a  Court  which  would  really 
be  permanent,  in  place  of  a  simple  international 
tribunal.  He  expressed  the  ardent  hope  that  these 
conclusions  would  be  approved,  especially  b}"  the 
delegates  from  England,  Russia,  and  the  United 
States. 
Impossibility  The  particular  suggestions  of  M.  Descamps  were 
President  of  ^^^t  prcsscd,  and  the  idea  of  having  a  President  of 
the  entire       w^f_^  entire  proposcd  court  was  found  to  be  absolutely 

court.  '■        '-  _  ^ 

unacceptable  to  several  of  the  continental  Powers. 
The  very  questions  of  rank  and  precedence  which  the 
existence  of  such  an  exalted  functionary  might  raise, 
were  found  to  be  by  no  means  trifling.  And  it  was 
felt  that  whatever  advantages  might  accrue  from 
such  an  empliasizing  of  the  idea  of  permanence,  they 
nevertheless  seemed  to  be  more  than  counterl:>alanced 
by  the  corresponding  embarrassments. 
The  critical  The  Critical  moment  of  the  discussion  had  now 
thcaiscussion. '^I'l'i'^'Gd,  when  Professor  Zorn,  on  behalf  of  the  Ger- 
man Empire,  took  the  floor  for  the  purpose  of  oppos- 
ing the   idea  of  a  permanent  trilnmal.     His  speech 


THE  ARBITRATION   TREATY  247 

was    a   model    of    diplomatic    tact,   being   animated  chapter  v 
throughout  by   the    most    conciliatory  spirit    and    a 
lofty  idealism. 

Professor  Zorn  stated  that  he  had  listened  with  Speech  of 
the  greatest  attention  and  with  profound  emotion  tozum. 
the  preceding  declarations.  He  recognized  to  the 
fullest  extent  the  solemnity  of  this  hour,  when  the 
representatives  of  the  greatest  civilized  Powers  were 
called  upon  to  pronounce  judgment  upon  one  of  the 
gravest  problems  which  could  be  presented  to  them, 
and  he  desired  to  express  the  sincere  hope  that  the 
day  would  come  when  the  noble  wish  of  the  Czar 
might  be  accomplished  in  its  entirety,  and  when 
conflicts  between  States  might  be  regulated,  at  least 
in  the  great  majority  of  cases,  by  a  permanent  inter- 
national court.  At  the  same  time,  he  added  that, 
while  he  personally  was  animated  by  this  wish  and 
hope,  it  was  not  possible  for  him  to  give  way  to 
illusions ;  and  this  was,  no  doubt,  the  attitude  of  his 
Government. 

The  German  Government  considered  it  necessary  Ohjections  of 
to  emphasize  the  fact  that  the  proposition  now  pro- J5ov^r*i!me" t 
posed  and  submitted  to  the  iudo:ment  of  this  Com- *" ^  ^*''™'^' 

^  _  _  JO  nent  court. 

mittee  was  an  innovation  of  a  most  radical  character, 
and  while  it  was  a  most  generous  project,  it  could 
not  be  realized  without  bearing  with  it  great  risks 
and  even  great  dangers  which  it  was  simple  prudence 
to  recognize.  He  asked  whether  it  would  not  be 
better  to  await,  upon  a  subject  of  such  profound 
importance,  the  results  of  greater  preliminary  expe- 
rience, for  in  a  word  he  declared  that  in  the  opinion 


•J  18     THE   PEACE    CONFERENCE   AT    THE   HAGUE 

Chapter  V  of  tliG  German  Government  the  plan  for  the  perma- 
nent International  Tribunal  was  at  least  premature. 
If  the  experience  of  occasional  tribunals  proved 
successful,  and  if  they  realized  the  hopes  reposed  in 
them,  the  German  Government  would  not  hesitate 
to  cooperate  to  that  end,  and  would  now  accept  the 
experiment  of  arbitration  having  far  greater  scope 
than  anything  which  had  been  in  practice  up  to  this 
day ;  but  it  could  not  possibly  agree  to  the  organiza- 
tion of  the  permanent  Tribunal  before  having  the 
preliminary  benefit  of  satisfactory  experience  with 
occasional  arbitrations.  "  In  this  situation,"  said 
Professor  Zorn,  ''notwithstanding  my  intense  desire 
to  assist  with  all  my  might  in  bringing  the  work  of 
Motion  to  this  Committee  to  a  successful  conclusion,  I  regret 
p/ovisiou.  to  be  compelled  to  move  that  Article  13  of  the  origi- 
nal Russian  project  be  made  the  basis  of  further 
discussion  instead  of  the  plans  for  the  permanent 
Tribunal,  inasmuch  as  this  Article  accurately  repre- 
sents the  views  of  the  Imperial  German  Government 
upon  the  subject." 
The  original  Article  13  of  the  original  Russian  project  was  as 
proposal.  follows :  "  With  a  view  to  facilitating  recourse  to 
arbitration,  and  the  successful  application  of  the 
principle,  the  Signatory  Powers  have  agreed  to  set 
forth  by  common  accord  for  cases  of  international 
arbitration,  the  fundamental  principles  which  should 
be  followed  in  the  establishment  of  the  arbitration 
tribunal,  and  the  rules  of  procedure  which  should  be 
followed  during  the  course  of  the  litigation,  up  to  the 
rendering  of  the  arljitral  decision.     The  application 


THE   ARBirRATlON    TREATY  249 

of  these  fundamental  principles,  as  well    as  of   the  Chapter  v 
arbitral  procedure  referred  to  in  the  Appendix  of  the 
present  article,  may  be  modified  by  virtue  of  a  special 
agreement  between    the    States    having  recourse    to 
arbitration." 

The  motion  made  on  behalf  of  the  German  Em- 
pire being  preliminary  in  character,  was  immediately 
taken  up  and  the  Chairman  briefly  opened  the  dis- 
cussion on  the  subject. 

M.  Asser  of  the  Netherlands  recognized  that  it  Speech  of 
would  certainly  be  useful  to  have  experience,  but'  " 
according  to  him  this  experience  had  already  been 
had,  in  the  occasional  arbitrations  which  had  hereto- 
fore occurred.  What  was  left  to  try  was  precisely 
the  plans  now  proposed,  for  they  all  implied  the 
establishment  of  a  court  which  should  be  entirely 
voluntary.  It  seemed  to  him  that  the  conclusion 
which  Professor  Zorn  had  arrived  at  need  not  be 
quite  so  absolute,  and  that  without  receding  from  the 
opinion  which  he  had  just  stated,  in  a  manner  which 
had  deeply  impressed  the  Committee,  he  might  still 
postpone  further  opposing  the  establishment  of  the 
permanent  tribunal  of  arbitration,  and  might  consent 
to  look  upon  it,  according  to  tlie  expression  of  Count 
Nigra,  as  a  ''  temporary  permanent  tribunal." 

Professor  Zorn  was  not  unmindful  of  the  validity  Reply  of 
of  M.  Asser's  argument,  l)ut  he  raised  another  objec-2^o^jj';^^'''^ 
tion.    There  was  obviously  a  great  difference  between 
an  occasional  arbitration,  and  the  institution  of  a  tri- 
bunal permanently  charged  with  exercising  the  role 
of  an  arbitrator  according  to  a  code  of  procedure  and 


•J.-.O     THE   PEACE   CONFERENCE   AT   THE  HAGUE 

Chapter  V  Certain  rules  determined  in  advance.  Besides,  the 
German  Delegate  wished  to  remind  the  Committee 
that  the  Russian  Government  had  modified  its  first 
project.  The  German  Government  had  accepted  the 
original  Russian  project  and  no  other,  as  the  basis 
of  the  work  of  tlie  Conference.  He  could  therefore 
not  to-day  accept  this  experimental  establishment  of 
a  permanent  tribunal,  even  provisionally :  first,  be- 
cause such  an  establishment  had  not,  according  to 
his  view,  been  foreshadowed  in  the  initial  programme 
of  the  Russian  Government ;  and  secondly,  because 
practically  it  was  very  prol3al)le  that  a  provisional 
permanent  tribunal  would  not  be  long  in  becoming 
definitely  and  actually  permanent.  Under  these 
circumstances  the  German  Delegate  insisted  upon 
his  motion. 

Speech  of  Couut  Nigra  of  Italy  appealed  directly  to  the  spirit 

of  conciliation  which  the  German  Delegate  had  so 
clearly  shown,  and  in  a  brief  speech  of  great  force 
and  beauty  he  called  attention  to  the  consequences 
of  a  negative  decision,  upon  a  question  which  inter- 
ested all  civilized  humanity  to  so  great  a  degree. 
The  hopes  and  as})irations  with  which  public  opinion 
was  waiting  for  the  results  of  our  labors  had  become 
so  great  that  it  would  be  positively  dangerous  to  dis- 
appoint them  entirely,  by  rejecting  the  idea  of  a  per- 
manent tribunal.  If  to  all  these  aspirations  the 
Conference  returned  a  curt  non  i^ossumus,  the  dis- 
satisfaction and  disappointment  Avould  be  tre- 
mendous. In  such  a  case  the  Conference  would 
incur   most    grave    responsibilities    before    history, 


Count  Nigra. 


THE   ARBITRATION   TREATY  251 

before   the  peoples  represented  here,  and  before  the  chapter  v 
Emperor    of    Russia.       In    conclusion    Count    Nigra 
earnestly    requested    the    German    Delegate    not    to 
refuse  categorically  to  go  on  with  the  discussion,  but 
to  refer  the  question  once  more  to  his  Government. 

Professor  Zorn  responded  that  he  recognized   the  Provisidnai 
force    ot    Count    JNigras    remarks    to    then^    tullest  the  (iciman 
extent,  and  that  he  would  therefore  not  abstain  fi'om  11'?^^*^"  ^' 
cooperating  further  with  the  work  of  the  Committee 
in  the  direction  of  the  permanent  tribunal,  although 
it  must  be  clearly  understood  that  he  could  by  no 
means  bind  his  Government. 

This  declaration  of  Professor  Zorn  was  entered 
upon  the  minutes,  it  being  w^ell  understood  that  it 
reserved  his  entire  liberty  of  action  and  ultimate 
decision. 

M.  de  Martens  made  the  following  statement  on  statement  by 

M  de 

behalf  of  Russia:  "When  the  Russian  Government  Martens, 
formulated  its  first  proposals  concerning  arbitration, 
it  doubtless  had  in  view  the  general  outlines  of  the 
project  which  was  distributed,  but  this  project  was 
nothing  but  an  outline,  and  necessarily  required  many 
amendments  and  additions,  and  some  of  these  had 
now  been  presented  on  behalf  of  the  Russian  Gov- 
ernment." He  had  always  thought,  without  going 
into  the  details  of  the  question,  that  this  was  the 
time  and  place  to  provide  for  the  procedure  and  for 
the  establishment  of  arliitral  tril:>unals,  always  giving 
to  the  Powers  in  litigation  complete  liberty  in  choice 
of  arbitrators.  The  Russian  Government  considered 
that  its  duty  was  complete  when  it  suggested  to  the 


252     THE   PEACE   CONFERENCE   AT   THE   HAGUE 

'Chapter  V  Powers  the  result  of  its  reflections  without  wishing 
to  impose  its  opinion  upon  any  one.  There  w^ere 
provisions  in  all  of  the  projects  under  discussion 
which  naturally  would  give  rise  to  the  fears  ex- 
pressed by  Professor  Zorn,  but  these  were  misunder- 
standings which  it  ought  to  be  easy  to  dispose  of 
during  the  discussion  which  was  sure  to  arise. 
Might  it  not  be  possible,  for  example,  to  adopt  at  the 
head  of  all  the  provisions  about  the  permanent 
tribunal  an  article  recognizing  the  absolute  liberty  of 
the  parties  in  litigation  to  make  their  own  free 
choice.     It  might  be  expressed  as  follows  :  — 

"  In  the  case  of  a  conflict  between  the  signatory 
or  adhering  Powers  they  shall  decide  whether  the 
controversy  is  of  a  nature  to  be  brought  before  a 
tribunal  of  arbitration,  constituted  according  to  the 
following  Articles,  or  whether  it  is  to  be  decided  by 
an  arbitrator  or  a  special  tribunal  of  arbitration." 

The  Chairman  thousrht  that  as  the  Committee  were 
agreed  in  declaring  that  the  permanent  tribunal  of 
arbitration  should  not  be  obligatory  upon  any  one, 
and  as  w^e  were  all  in  accord  upon  this  principle,  it 
might  be  best  to  reserve  the  question  as  to  whether 
it  should  be  expressed  in  a  preliminary  article  or 
otherwise.  The  Committee  being  of  the  same 
Speech  of  Opinion  as  the  Chairman  upon  this  point,  M.  Odier 
of  Switzerland  washed  to  adhere  expressly  to  the 
declarations  previously  made  by  M.  Descamps  and 
Count  Nig-ra  in  favor  of  the  establishment  of  the 
permanent  tribunal  of  arbitration.  There  had  arisen 
in  the  world  more  than  a  hope  —  it  w^as  an  expecta- 


M.  Odier. 


THE  ARBITRATION   'JREATY  25:} 

tion  —  and  public  opinion  was  convinced,  especially  Chapter  v 
on  the  question  of  arbitration,  that  important  results 
would  come  from  this  Conference.  It  was  not  pos- 
sible to  deny  that  practically  we  had  it  in  our  power 
to  take  at  this  moment  a  new  and  decisive  step  for- 
ward, in  the  road  of  general  human  progress.  If  we 
recoil  or  reduce  to  insignificant  limits  the  innova- 
tions which  every  one  expects  from  us,  we  would 
cause  a  universal  disappointment  of  which  the  re- 
sponsibility would  rest  forever  upon  us  and  upon  our 
Governments.  The  one  important  innovation  which 
we  can  present  to  humanity  at  large  is  the  establish- 
ment of  a  permanent  institution  which  will  always 
be  in  evidence  before  the  eyes  of  the  world,  a  tangi- 
ble result,  so  to  speak,  of  the  progress  which  had 
been  made.  While  recognizing  the  force  of  the 
objections  raised  on  behalf  of  Germany,  M.  Odier, 
therefore,  cordially  joined  in  the  wish  expressed  by 
Count  Nigra  that  the  German  Delegate  would  once 
more  refer  the  question  to  his  Government. 

Professor  Lammasch  of  Austria-Hungary  also  speech  of 
wished  to  express  his  opinion  and  his  reserves.  Lammascii. 
Notwithstanding  the  fact  that  the  circular  of 
Count  Mouravieff  had  made  no  mention  whatever 
as  to  the  possibility  of  the  establishment  of  the 
permanent  tribunal,  he  had  not  opposed  the  accept- 
ance by  the  Committee  of  the  project  of  Lord 
Pauncefote  as  the  basis  of  the  discussion,  but  he 
was  not  empowered  to  act  so  far  as  to  declare  that 
Austria-Hungary  was  ready  to  indorse  the  establish- 
ment  of    a   permanent   tribunal.      This    institution 


2.>l      THE   PEACE    CONFERENCE   AT    THE    HAGUE 

Chapter  V  might,  indeed,  be  establislied  in  many  ways,  some 
of  wliicli  might  be  objectionable,  according  to  the 
further  decisions  of  the  Conference.  Professor  Lam- 
masch  concluded  by  saying  that  he  accepted  the 
project  of  Lord  Pauncefote  as  the  basis  of  the 
discussion,  in  order  not  to  delay  or  hinder  the  very 
important  work  of  the  Committee,  and  that  he  was 
ready  to  take  part  in  the  discussion  with  all  possible 
good  will,  but  imder  the  express  reserve  that  his 
participation  in  the  debate  could  have  no  other  char- 
acter than  that  of  a  preliminary  examination  of  the 
question,  and  that  it  could  not  for  the  present  in  any 
way  commit  his  Government.  This  discussion  and 
reserve  of  Professor  Lammasch  was  duly  entered 
upon  the  minutes. 

Mr.  Holls,  on  behalf  of  the  United  States  of  Amer- 
ica, made  a  declaration,  of  which  the  following  is  a 
summary  :  — 

Speech  of  "  I  have  listened  with  the  greatest  attention  to  the 

important  exchange  of  opinion  which  has  just  taken 
place  between  the  representatives  of  different  great 
European  States.  It  has  seemed  proper  to  me,  repre- 
senting, as  it  were,  a  new  Power,  that  precedence  in 
the  discussion  should  naturally  be  given  to  the  dele- 
gates of  the  older  countries.  This  is  the  first  occa- 
sion u[)on  which  the  United  States  of  America  takes 
part  under  circumstances  so  momentous  in  the  delib- 
erations of  the  States  of  Europe,  and  having  heard, 
with  profound  interest,  the  views  of  the  Great  Euro- 
pean Powers,  I  consider  it  my  duty  to  my  Govern- 
ment, as  well  as  to  the  Committee,  to  express  upon 


Mr.  Holls. 


THE   ARBITRATION    TREATY  25o 

this  important  subject  the  views  of  the  Government  Chapter  v 
of  the  United  States  with  the  utmost  frankness.     I 
join   most    sincerely   and    cordially    in    the    requests 
which  have  been  addressed   to   the   honorable   dele- 
gate of  the  German  Empire. 

"In  no  part  of  the  world  has  public  opinion  so 
clearly  and  unmistakably  expressed  its  adherence 
to  the  noble  sentiments  of  His  Majesty  the  Em- 
peror of  Russia,  which  have  led  to  the  calling  of 
this  Conference,  as  in  America,  both  North  and 
South.  Nowhere  do  more  sincere  wishes,  hopes, 
and  prayers  ascend  to  heaven  for  the  success  of 
this  Conference.  The  Commission  of  the  United 
States  of  America  has  received  hundreds  of  expres- 
sions of  sympathy  and  support,  not  only  from  the 
United  States,  but  from  the  entire  American  Conti- 
nent, and  these  manifestations  come,  not  only  from 
individuals,  but  from  secular  organizations  of  the 
highest  standing  and  the  widest  influence  and  from 
great  and  powerful  churches  —  some  of  them  rej)re- 
senting  millions  of  members.  In  consequence  we, 
the  members  of  this  Conference,  are  bound,  so  to 
speak,  by  a  most  solemn  moral  obhgation,  incurred, 
not  between  the  Governments,  but  between  the 
peoples  of  the  civilized  world.  As  it  was  most  fit- 
tingly expressed  in  a  great  national  crisis  of  my 
own  country  by  its  greatest  modern  statesman,  Abra- 
ham Lincoln, '  we  cannot  escape  history.  We,  of  this 
Conference  and  of  this  Committee,  will  be  remem- 
bered in  spite  of  ourselves  —  no  personal  significance 
or  insignificance  can   spare    one   or  another  of   us.' 


250      THE   PEACE    CONFERENCE   AT   THE   J I  AGUE 

Chapter  V      Let  iTiG  ask  tliG  lioiiorable  members  of  this  Committee 

Speech  of  Mr.  to   approacli  the  question  before   us  in   a  practical 
Holls.  .  .    ^        ,  .  „        ,     .,         T    ,  . 

spirit,  such  as  is  generally  attributed  to  us  Ameri- 
cans ;  let  us  observe  the  true  state  of  public  opinion. 
Public  opinion,  all  over  the  world,  is  not  only  eagerly 
hoping  for  our  success,  but  it  should  be  added  that 
it  has  become  uneasy  and  anxious  about  it.  The 
powers  of  unrest  and  discord  are  even  now  exulting 
over  what  they  hope  will  prove  to  be  our  ignominious 
failure. 

"  On  the  other  hand,  the  fear  is  abroad,  most 
unmistakably,  even  among  our  friends  and  well- 
wishers,  that  by  reason  of  conflicting  interests  of  a 
political  nature,  or  for  other  causes  which  cannot  be 
discussed  openly,  the  results  of  this  Conference  may 
turn  out  to  be  purely  platonic,  inadequate,  unsatis- 
factory, perhaps  even  farcical ;  and,  moreover,  it 
should  be  clearly  recognized  and  remembered  that 
public  anxiety  on  this  point  is  based  upon  recent 
experience  in  a  case  presenting  many  analogies  to 
the  situation  before  ns.  A  Conference  was  called 
not  many  years  ago  upon  the  noble  and  generous 
initiative  of  His  Majesty  the  German  Emperor, 
upon  a  subject  profoundly  interesting  to  mankind ; 
namely,  the  proper  protection  of  the  interests  of 
labor,  and  it  met  at  Berlin,  having  a  most  distin- 
guished and  representative  membership ;  but  what 
was  the  result  ?  Resolutions  of  a  purely  academic 
character  were  adopted,  and  that  Conference  is 
even  now  almost  forgotten. 

"  Civilized,   educated,   progressive    public   opinion, 


THE   ARBirRATIOX   TREATY  257 

which  is  beyond  all  question  the  most  potent  and  chapter  v 
the  one  irresistible  moral  influence  in  the  world  to-day 
—  remembering  former  failures  —  will  not  pardon  us 
if  we  offer  it  a  new  acute  rebuff,  and  the  very  hopes 
which  are  now  concentrated  upon  us  and  our  work 
will  be  the  measure  of  the  disappointment  which 
would  follow  our  failure.  Moreover,  the  establishment 
of  a  permanent  International  Court  is  tlie  one  great  suc- 
cess which  is  hoped  for,  not  only  as  being  brilliant 
and  striking,  but  also  as  being  attainable,  —  in  fact, 
within  our  very  grasp.  Without  doubt  the  honorable 
delegate  from  the  German  Empire  is  correct,  when 
he  regards  even  the  Russian  project  as  a  decided  step 
in  advance  over  the  present  condition  of  affairs  as 
regards  arbitration,  but  from  the  point  of  view  of 
the  practical  man  —  the  point  of  view  of  efficient 
and  critical  public  opinion  all  over  the  world  —  I 
venture  to  say  most  emphatically  that  we  shall  have 
done  nothing  whatever  if  we  separate  without  having 
established  a  permanent  tribunal  of  arbitration." 

This   closed    the    preliminary  discussion,  and    the 
Committee  thereupon  proceeded  to  the  adoption   of 
the  following  Articles  —  the  cordial  adherence  of  the 
German  Empire  having  l^een  subsequently  obtained  subsequent 
and  announced  to  the  Committee  at  a  later  nieeting!|jJ^'],'^^J,j^.g^^f 
by  Professor  Zorn,  who  stated  that  his  Government  ^e'''"'*">- 
"  fully  recognized  the  importance  and  the  grandeur 
of  tlie  new  institution." 

Article  20.    With   the  object  of    facilitating  an  a  court  to  be 
immediate   recourse  to   arbitration  for  international  ^''s*'^'^^^- 


258      THE   PEACE    CONEERENCE   AT    THE    HAGUE 

Chapter  V  differences  wliicli  could  not  be  settled  by  diplomatic 
met  bods,  tbe  Signatory  Powers  undertake  to  organize 
a.  peruianent  Court  of  Arbitration  accessible  at  all 
times,  and  acting,  unless  otberwise  stipulated  by  the 
parties,  in  accordance  with  the  rules  of  procedure 
included   in  the  present  Convention. 

Jurisdiction.  Article  21.  The  permanent  court  shall  have 
jurisdiction  of  all  cases  of  arbitration,  unless  there 
shall  be  an  agreement  between  the  parties  for  the 
establishment  of  a  special  tribunal. 

The  proposition  of  Count  de  Macedo  of  Portugal 
to  indicate  in  the  body  of  this  Article  a  preference  on 
the  part  of  the  Signatory  Powers  for  recourse  to  the 
permanent  tribiuial,  was  not  adopted,  for  the  reason 
that  it  appeared  to  the  Committee,  and  subsequently 
to  the  Conference,  that  such  preference  Avas  suffi- 
ciently indicated  by  the  very  fact  of  the  establishment 
of  the  permanent  tribunal,  and  the  desire  to  avoid 
everything  which  could  by  any  possibility  be  regarded 
as  limiting,  even  by  suggestion,  the  entire  liberty  of 
the  Powers. 

Bureau  and  Aeticle  22.  An  international  Bureau  shall  be 
record  otfice.  established  at  The  Hague,  and  shall  serve  as  the 
record  office  for  the  Court.  This  Bureau  shall  be  the 
medium  of  all  communications  relating  to  the  Court. 
It  shall  have  the  custody  of  the  archives,  and  shall 
conduct  all  the  administrative  business.  The  Signa- 
tory Powers  agree  to  furnish  the  Bureau  at  The 
Hague  with  a  certified  copy  of  every  agreement  of 
arbitration  arrived  at  between  them,  and  of  any 
award  therein  rendered  by  a  special  tribunal.  They 
also  imdertake  to  furnish  the  Bureau  v/ith  the  laws, 


THE   ARBirRATION   TREATV  259 

rules,  and  documents,  eventually  declaring  tlie  execu- Chapter  v 
tion  of  the  judgments  rendered  by  the  Court. 

The  United  States  of  America  endeav^ored  to  add  rubik-ation  of 

,  .       ,       .    ,  .    .         1       1   •  ,1  1  T       i  •        documents. 

to  this  Article  a  provision  looknig  to  the  publication 
of  documents  and  records,  and  requiring  the  Bureau 
to  furnish  any  one  paying  the  cost  of  transcription 
and  certification,  with  duly  authenticated  copies  of 
any  papers  filed  in  the  record  office.  The  Committee 
was  of  the  opinion  that  such  a  rule  might  conceivably 
interfere  with  the  rights  and  interests  of  litigating 
Powers,  especially  if  no  restriction  were  adopted 
regarding  the  time  of  making  the  application  for 
such  copies.  It  was  thought  best  to  leave  this 
question  to  the  regulation  of  the  Bureau  itself  and 
the  council  of  administration,  in  the  hope  that  every 
possible  facility  would  be  given,  in  the  interests  of 
the  development  of  the  science  of  international  law, 
to  the  free  publication  of  all  documents  connected 
with  litigations  before  the  court  which  may  be  of 
scientific  or  general  interest. 

Article  23.    Within  three  months  following  the  Appointment 
ratification  of  the  present  act,  each  Signatory  Power  oJJcfoJ'^  ^^ 
shall  select  not  more  than  four  persons,  of  recognized  judges, 
competence  in  questions  of  international  law,  enjoy- 
ing the  highest  moral   reputation,  and  disposed   to 
accept  the  duties  of  arbitrators.     The  persons  thus 
selected  shall  be  enrolled  as  members  of  the  Court, 
upon  a  list  which  shall  be  communicated  by  the  Bu- 
reau to   all  the   Signatory  Powers.     Any  alteration 
in  the  list   of    arbitrators   shall    l)e   brought    to    the 
knowledge  of  the  Signatory  Powers  by  the  Bureau. 


260     THE   PEACE   CONFERENCE   AT   THE   HAGUE 

Chapter  V  Two  or  Hiore  Powers  may  unite  in  the  selection  of 
one  or  more  members  of  the  Court.  The  same  per- 
son may  be  selected  by  different  Powers.  The  mem- 
bers of  the  Court  shall  be  appointed  for  a  term  of  six 
years,  and  their  appointment  may  be  renewed.  In 
case  of  the  death  or  resignation  of  a  member  of  the 
Court  his  place  shall  be  filled  in  accordance  with  the 
method  of  his  appointment. 

According  to  the  American  plan,  each  Signatory 
Power  was  to  appoint  one  member  of  the  permanent 
tribunal.  In  the  English  proposal  this  number  was 
made  two,  but  the  Committee  on  Arbitration,  on 
motion  of  Professor  Zorn  on  behalf  of  the  German 
Empire,  adopted  the  present  provision,  "not  more 
than  four."  The  reason  for  this  amendment  was 
given  on  behalf  of  the  German  Empire  as  being  the 
desirability  of  having  the  Court  composed  not  solely 
of  mternational  lawyers  or  jurists.  As  the  Article 
stands  a  Government  may,  if  it  deems  it  advisable, 
appoint  a  military,  scientific,  or  geographical  expert, 
as  well  as  a  member  of  the  legal  profession,  the  only 
qualification  being  that  each  appointee  shall  be  of 
recognized  competence  in  questions  of  international 
law  and  enjoy  the  highest  moral  reputation,  as  well 
•   as   be   disposed  to  accept  the    duties    of    arbitrator. 

Acceptance  of  The  latter  qualification  is  of  particular  importance. 

IrbitStor.''^  It  is  to  be  supposed  that  each  State  will  select  men 
of  the  highest  professional  standing  for  these  posi- 
tions, and  the  question  of  payment,  except  when 
actually  sitting  on  a  particular  bench  of  arbitration, 
is  left  entirely  to  the  States  themselves.     The  obliga- 


THE   A  RBI  THAT  ION   TREATY  261 

tion  of  each  appointee  to  accept  the  duty  of  arbitra- Chapter  v 
tor,  without  regard  to  his  personal  convenience  or 
the  possible  comparative  insignificance  of  the  ques- 
tions involved,  is  absolute.  Under  this  convention 
tlie  highest  professional  talent  of  each  civilized  coun- 
try is  meant  to  be  put  at  the  disposal  of  every 
country  in  the  world,  large  or  small,  rich  or  poor, 
for  the  settlement  of  international  differences.  In 
the  beginning,  and  while  the  charm  of  novelty  lasts, 
it  is  not  likely  that  any  arbitrator  selected  will 
refuse  to  act  upon  any  question  properly  before  the 
Court.  If,  however,  the  tribunal  shall  prove  to  be  as 
successful  as  its  promoters  hope,  a  large  nundDer  of 
questions  of  minor  or  technical  interest  may  very 
likely  be  brought  before  it  hereafter,  and  it  should  be 
clearly  understood  that  in  the  opinion  of  the  Com- 
mittee an  arbitrator  will  have  no  more  right  to  select 
only  important  or  interesting  cases  upon  which  to  sit 
than  a  member  of  a  jury  panel  in  an  ordinary  Court. 
Under  these  ch-cumstances  the  readiness  of  a  member 
of  the  tribunal  to  leave  what  might  very  likely  be 
a  lucrative  practice  or  employment  at  home,  for  the 
purpose  of  indefinite  service  at  The  Hague,  should 
certainly  be  an  element  in  the  agreement  between 
such  arbitrator  and  the  Government  appointing  him, 
on  the  subject  of  his  compensation. 

The    American    plan    for  the  permanent    interna- Appointment 
tional  Court  of  Arbitration  provided  for  the  appoint- |'.^ul.\''/,''fjjpf 
ment  of  judges  by  the  members  of  the  highest  court  ^"^^^^ ''^J®''*^^- 
in  each  of  the  Signatory  States.     This  feature,  which 
undoubtedly  commends  itself  at  first  blush  more  than 


202     THE    PEACE    CONFERENCE   AT   THE   IIACIUE 

Chiipur  V      any  other    to    the    public   opinion  of   Amorica,   was 
Appointment  found  to  be   entirely  impracticable,  as  well  as  abso- 

liy  the  biijlit'st  ,     i  i  ^         r\  •  i     i     t> 

Court  in  each  lutcly  Unacceptable  to  the  Oontniental  rowers. 

htate  rejected,  -"pi^pj^e  ig  y\o  liigliest  Court  for  tlic  entire  Empire 
of  Austria-Hungary,  and  the  peculiar  relations  be- 
tween the  different  parts  of  that  Empire  are  not 
calculated  to  make  joint  action  by  the  two  highest 
Courts  practicable  or  desirable.  In  Russia  the  high- 
est Court  consists  of  a  senate  of  one  hundred  mem- 
bers, whose  cooperation  in  the  matter  of  appointments 
would  contradict  all  national  traditions.  Similar  ob- 
jections, based,  however,  entirely  upon  the  antici- 
pated actual  workings  of  the  scheme,  were  raised 
by  many  members  of  the  Conference.  The  Ameri- 
can representative  on  the  Comlte  d'Examen  there- 
upon proposed  the  amendment  in  a  permissive  form, 
to  the  effect  that  it  should  apply  wherever  practicable 
or  wherever  the  circumstances  permitted.  But  even 
this  plan  was  emphatically  negatived,  the  only  vote  in 
its  favor  being  that  of  the  United  States  of  America. 
The  British  Delegate,  Lord  Pauncefote,  abstained  from 
voting,  explaining  that  while  he  favored  the  idea  in 
the  abstract,  he  was  convinced  that  it  was  impossible 
of  application  in  Continental  countries.  During  the 
discussion  one  representative  after  another  of  the 
States  having  members  on  tlie  Comitt  (VExamen 
announced  that  the  idea  had  been  suo;g;ested  to  his 
Government,  but  that  it  had  been  received  with  posi- 
tive disfavor,  not  only  because  of  its  alleged  imprac- 
ticability, but  as  being,  according  to  Continental  ideas, 
vicious  in  principle.     The  organization  of  the  (Jourts 


THE   ARI'.rntAl'WX   treaty  263 

in  nearly  all  Continental  countries  is  based  upon  the  cimpter  v 
traditions  of  Roman  jurisprudence,  and  these  do  not 
favor  any  action  on  the  part  of  a  judicial  tribunal 
having  reference  to  the  selection  of  a  num  or  men 
for  any  particular  purpose,  even  if  the  latter  be 
judicial  in  its  nature.  Furthermore,  in  several  large 
European  States,  notably  Germany,  the  rules  govern- 
ing the  practice  of  the  law  are  such  as  to  prevent 
the  members  of  the  highest  Court  from  having  any 
direct  knowledge  of  the  ability  or  reputation  of  many 
of  the  most  noted  judges  and  lawyers  in  the  country, 
since  practice  before  the  highest  Court  is  restricted  to 
residents  of  the  city  of  its  location  and  to  meml)ers 
of  its  particular  bar.  Under  these  circumstances 
the  members  of  these  particular  Courts  are  not,  like 
the  justices  of  the  American  Supreme  Court  or  the 
members  of  the  Privy  Council  of  Great  Britain,  the 
best  possible  advisers,  with  reference  to  the  selection 
of  a  creditable  representative  upon  the  great  tribu- 
nal, and  it  was  even  stated  that  they  were,  in  many 
countries,  about  the  last  authority  to  whom  the 
appointing  power  would  be  likely  to  turn  with  suc- 
cess for  such  advice  and  cooperation.  Out  of  courte- 
ous regard  for  the  United  States,  and  in  order  to 
recognize  the  fundamental  idea  upon  which  this  pro- 
posal was  based,  the  Comife  cV Exmnen  directed  its 
reporter  to  emphasize  in  the  official  report  the  impor- 
tance of  a  complete  disregard  of  all  political  consider- 
ations in  the  choice  of  members  of  the  Court.  The 
American  representative  cordially  acquiesced  in  this 
decision. 


204     THE  PEACE    CONFERENCE  AT  THE   HAGUE 


Chapter  V 

Manner  of 
selection  of 
the  members 
of  particular 
tribunals. 


Article  24.  Whenever  the  Signatory  Powers  wish 
to  have  recourse  to  the  permanent  Court  for  the  set- 
tlement of  a  difference  that  has  arisen  between  them, 
the  arbitrators  selected  to  constitute  the  Tribunal 
which  shall  have  jurisdiction  to  determine  such  dif- 
ference, shall  be  chosen  from  the  general  list  of  mem- 
bers of  the  Court.  If  such  arbitral  tribunal  be  not 
constituted  by  the  special  agreement  of  the  parties, 
it  sliall  be  formed  in  the  following  manner  :  Each 
party  shall  name  two  arbitrators,  and  these  together 
sliall  choose  an  umpire.  If  the  votes  shall  be  equal, 
the  choice  of  the  umpire  shall  be  intrusted  to  a  third 
Power  selected  by  the  parties  by  common  accord.  If 
an  agreement  is  not  arrived  at  on  this  subject,  each 
party  shall  select  a  different  Power,  and  the  choice 
of  the  umpire  shall  be  made  by  the  united  action  of  the 
Powers  thus  selected.  The  Tribunal  being  thus  con- 
stituted, the  parties  shall  communicate  to  the  Bureau 
their  decision  to  have  recourse  to  the  Court,  and  the 
names  of  the  arbitrators.  The  Tribunal  of  arbitration 
shall  meet  at  the  time  fixed  Ijy  the  parties.  The 
members  of  the  Court,  in  the  discharge  of  their 
duties,  and  outside  of  their  own  country,  shall  enjoy 
diplomatic  privileges  and  immunities. 


It  is  believed  that  this  Article  will  be  found  to  pro- 
vide for  every  possible  eventuality  in  any  actual  dis- 
pute. It  is  quite  probable  that  in  many  cases  the  four 
arbitrators  selected  l^y  the  parties  may  not  be  able 
to  agree  among  themselves  upon  the  subject  of  the 
umpire.  It  is  also  conceivable  that  the  same  third 
Power  charged  with  the  duty  of  selecting  the  umpire 
would  not  be  agreeable  to  both  litigants.  It  is,  how- 
ever, hardly  probable  that  two  neutral  Powers,  each 


THE   ARBITRATION   TREATY  265 

selected  in  analogy  to  the  appointment  of  "  seconds  "  Chapter  v 
under  Article  8,  should  not  be  able  to  agree  between 
themselves  upon  a  suitable  arbitrator  or  umpire  for 
any  conceivable  controversy. 

The  chief  delegate  from  Sweden  and  Norway,  The  choice  of 
Baron  de  Bildt,  proposed  to  provide  expressly  that  si'ibje!"' t'/ 
either  litigating  Power  might  object  to  the  choice  of  Jj^!'^'^^^'^)^!" 
the  umpire,  selected  even  with  the  aid  of  its  own  *'"s  ^*'*'^^^- 
chosen  arbitrators.  It  was,  however,  pointed  out  in 
the  debate  by  M.  Asser  of  Holland  and  Mr.  Holls  of 
the  United  States,  that  the  agreement  to  arbitrate  is 
not  complete  under  this  Article  until  each  party  has 
communicated  its  willingness  to  arbitrate  to  the 
international  Bureau,  together  with  the  names  of  all 
the  arbitrators  whose  judgment  is  to  be  invoked, 
including,  of  course,  the  umpire.  It  follows  that 
the  votes  for  umpire  on  the  part  of  the  arbitra- 
tors first  selected  by  the  parties  are  subject  to  the 
ratification  and  approval  of  the  two  Powers  in 
controversy,  inasmuch  as  either  might  decline  to 
communicate  the  name  of  an  obnoxious  member  of 
the  tribunal  to  the  international  Bureau.  In  other 
words,  in  voting  for  the  umpire,  the  arbitrators  first 
selected  act  simply  as  agents  for  the  Government 
which  has  selected  them,  and  the  possibility  of  any 
Powder  being  bound  by  the  judgment  of  a  court,  a 
majority  of  whose  members  might  be  selected  with- 
out the  concurrence  of  each  litis-atina:  Power,  is 
carefully  excluded.  Any  different  provision  would 
infringe  upon  national  sovereignty,  and  hence  be 
entirely  inadmissible. 


]irivileges  and 
iinmunities. 


26G     THE   J'EACE    CONFEUK.XC E   AT    THE   HAGUE 

(hai.t.r  V  These  opinions  were,  on  motion  of  Baron  cle  Bildt, 

spread  iij)on  the  minutes  as  authoritative  interpreta- 
tions of  the  Article,  so  far  as  his  Government  was 

Dissent  (if       Concerned.     Chevaher  Descamps  dissented  very  em- 

Descainps.  phaticallj  froui  the  views  of  his  colleagues,  holding 
that  the  Governments  were  bound  by  the  choice  of 
their  nominees,  and  the  question  was  not  decided  by 
the  Comite  cV Examen  as  a  body. 

Diplomatic  The  cxact  Cxtcut  of  the  diplomatic  privileges  and 
immunities  to  be  enjoyed  by  members  of  the  Court 
outside  of  their  own  country,  and  also  within  its 
limits,  if  the  tribunal  of  arbitration  should  be  con- 
vened there,  has  not  been  fixed  in  detail.  It  was 
recognized  by  the  Connnittee  that  the  subject  might 
well  be  left  to  the  good  sense  of  the  parties  con- 
cerned, with  the  result  that  satisfactory  rules  of  pro- 
cedure and  precedence  would  no  doubt  be  evolved  in 
time.  It  will  no  doubt  tend  to  increase  the  dignity 
and  importance  of  the  Court  itself,  if  its  members 
are  recognized  the  world  over,  and  even  when  not 
selected  to  sit  upon  any  particular  bench,  as  bearing 
an  international  or  diplomatic  character,  and  holding, 
as  it  were,  a  particular  trust  in  behalf  of  peace  and 
humanity.  It  would,  however,  defeat  the  very 
object  of  the  Court,  if  any  questions  personal  to  the 
members  themselves  were  permitted  to  assume  the 
character  of  serious  international  problems,  even  to 
the  extent  which  has  been  true  in  the  history  of 
international  law,  regarding  the  rights  and  privileges 
of  ordinary  diplomatic  representatives.  In  this 
respect,  as  in  many  others,  much  will  depend  upon 


THE   ARBITRATION    TREATY  267 

the  precedents  established  b}^  the  good  sense  and  tact  chapter  v 
of  the  members  first  appointed. 

Article  25.    The  Court  of  Arbitration  shall  ordi-Piace  of 
narily  sit  at  The  Hague.     Except  in  cases  of  neces- **'""' ^' 
sity,  the    place  of    session  shall  be    changed  Ijy  the 
court  only  with  the  assent  of  the  parties. 

The  expression  in  the  original  treaty  for  the  word 
necessity  is  force  majeure  or  vis  major,  which  has 
a  well-recognized  meaning  in  the  Roman  Law.  It 
is  therefore  only  in  cases  of  compulsion  by  violence, 
either  of  war,  riot,  or  governmental  action,  that  the 
parties  to  the  controversy  lose  control  of  the  ques- 
tion of  the  seat  of  the  Court  of  Arbitration. 

Article  2G.    The    International    Bureau    at    The  Facilities 
Hague  is  authorized   to  put  its  offices  and  its  staff  Jjl^J^'^j^f^f^^® 
at   the   disposal    of    the    Signatory  Powers,  for   the  special 
performance  of    the    duties    of  any  special  tribunal  *"^""^^^' 
of  arbitration.     The   jurisdiction    of  the  permanent  Jurisdiction 
court  may  be  extended  under  conditions  prescribed  |^^^^"^^'j^|^^ 
by  its  rules,  to  controversies  existing  between  non- 
Signatory  Powers,  or  between  Signatory  Powers  and 
non-Signatory  Powers,  if  the  parties  agree  to  submit 
to  its  jurisdiction. 

The  Duty  of  Signatory  Powers,  and  the  Monroe 

Doctrine 

Article  27.  The  Signatory  Powers  consider  it 
their  duty,  in  case  a  serious  dispute  threatens  to  break 
out  between  two  or  more  of  them,  to  remind  these 
latter  that  the  permanent  court  of  arbitration  is  open 
to  them.  Consequently  they  declare  that  the  fact 
of  reminding  the  parties  in  controversy  of  the  pro- 


2(58     THE   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  V  visions  of  tliG  present  convention,  and  the  advice 
given  to  tliem,  in  the  higher  interests  of  peace,  to 
have  recourse  to  the  permanent  court,  can  only  be 
considered  as  an  exercise  of  good  offices. 

The  French  This  Articlc  is  the  particuhar  contribution  of  the 
propobi  lun.  ]7j,g^^g|-^  Delegation  to  the  present  convention,  and  its 
provisions  were  foreshadowed  in  the  statement  read 
to  the  arbitration  committee  by  M.  Bourgeois,  as 
given  on  page  240.  Originally  the  French  Delega- 
tion favored  a  provision  conferring  upon  the  Bureau 
at  The  Hague  the  particular  duty,  in  the  form  of  a 
mandate  from  every  Signatory  Power,  to  remind  any 
Power,  before  the  outbreak  of  hostilities,  of  the  pro- 
visions of  the  present  convention,  and  to  give  the 
advice,  in  the  su|)erior  interests  of  peace,  to  have 
recourse  to  the  permanent  court  of  arbitration.  It 
was,  however,  pointed  out  in  the  debate  by  M.  de 
Martens,  that  the  chief  of  the  international  Bureau 
at  The  Hague  could  hardly  be  regarded  as  enjoying 
any  particular  moral  authority,  and  that  a  communi- 
cation from  him,  especially  at  a  time  when  public 
opinion  in  the  States  in  controversy  might  be  excited 
and  sensitive,  would  incur  the  danger  of  being  not 
only  disregarded,  but  resented  or  repelled  with  a 
snub,  bringing  discredit  not  only  upon  the  Bureau, 
but  also  upon  the  Court  and  the  whole  principle  of 
arbitration.  The  Committee  adopted  this  view  by  a 
majority  vote,  France,  England,  and  Switzerland 
favoring  the  original  proposition,  Germany,  Belgium, 
Italy,  Austria,  and  Russia  voting  "  No,"  and  Holland 
and  the  United  States    abstaining-.     The    American 


THE   ARBITRATION   TREATY  2G9 

representative  refrained  from  voting  against  the  Chapter  v 
proposition,  because  lie  favored  the  principle,  while 
dissenting  from  the  proposed  method  of  its  realiza- 
tion. M.  Bourgeois  immediately  modified  the  j^ropo- 
sition,  which  was  then  submitted  to  the  vote  of  its 
present  form  and  was  unanimously  approved,  the 
American  representative  qualifying  his  approval  by 
reserving  the  right  to  make  a  declaration  on  behalf  by  ^fe^ '^° 
of  his  Government  reo-arding;  the  traditional  ijolicv  '^™^'""^" 

o  o  i  J   representa- 

of  the  United  States  as  to  purely  European  or  purely  t^^'^- 
American  questions,  after  consultation  with  his  col- 
leagues. 

According  to  this  Article  every  Signatory  Power 
recognizes  a  new  international  obligation,  as  a  duty 
toward  itself  and  every  other  Signatory  Power.  Next 
to  the  establishment  of  the  Permanent  Court  of  Arbi- 
tration this  Article  undoul^tedly  marks  the  highest 
achievement  of  the  Conference,  for  no  doubt  the 
establishment  of  the  court  would  have  been  incom- 
plete, if  not  nugatory,  without  this  solemn  declara- 
tion, which  is  undoubtedly  "the  crown  of  the  whole 
work,"  as  it  was  declared  to  be  by  one  of  the  Ameri- 
can representatives  in  the  Committee  on  Arbitration. 
At  the  same  time,  there  was  just  one  Power  whose 
vital  interests  might  be  directly  and  unfavorably 
affected  by  this  Article,  if  adopted  without  qualifica- 
tion, and  that  Power  was  the  United  States  of 
America.  The  declaration,  for  which  Mr.  Holls 
made  a  reservation  in  the  Comite  cCExamen,  and 
which  was  afterward  carefully  formulated,  is  for 
the  United  States  of  America  by  no  means  the  least 


270     THE    I'EACE    CONEERENCE   AT   THE   HAGUE 

Chapter  V      important  part  of  the  entire  convention,  and  reads 
as  follows  :  — 

Text  of  the         "  Notliinrj  contciinecl  in  this   Convention  shall  be  so 
Declaration,    constvued  CIS  to  require  the  United  States  of  America 
to  depart  from  its  traditional  jyolicy  of  not  entering 
upon,    interfering   ivith,    or   entangling   itself  in    the 
political  questions  or  internal  ad'}ninistimtion   of  any 
foreign  state,  nor  shall  anything  contained  in  the  said 
Convention  he  so  construed  as  to  require  the  relinquish- 
ment, hy  the  United  States  of  America,  of  its  traditional 
attitude  toward  purely  American  questions .'' 

The  Mon-oe        The  adoption  of  the  treaty  without  any  qualifica- 
Doctrme.       ^-^^^  ^£  ^j,|-j(.|g  ^7,  would  undouhtcdly  have  meant, 

on  the  part  of  the  United  States,  a  complete 
abandonment  of  its  time-honored  policy  known  orig- 
inally as  the  Monroe  Doctrine.  This  is  not  the 
place  to  discuss  the  merits  of  that  policy,  or  the  truth 
and  wisdom  of  that  doctrine.  It  is,  however,  a  fact 
that  the  United  States  of  America  is  determined  more 
firmly  than  ever  before  in  its  history,  to  maintain  this 
policy  and  the  Monroe  Doctrine,  in  its  later  approved 
and  extended  form,  carefully  and  energetically.  Not 
even  in  the  supposed  interest  of  universal  peace  would 
the  American  people  have  sanctioned  for  one  moment 
an  abandonment  or  the  slightest  infraction  of  a  policy 
Avhich  appeals  to  them  as  being  founded,  not  only 
upon  legitimate  national  desires  and  requirements, 
but  upon  the  highest  interests  of  peace  and  progress 
throughout  the  world.  To  recognize  the  American 
Continents  as  proper  objects  of  any  kind  of  European 


THE   ARBITRATION    TREATY  L'71 

expansion,  or  interference  on  the  part  of  one  or  more  chapter  v 
Powers,  would  not  promote  or  increase  the  peace, 
prosperity,  or  happiness  of  a  single  human  being; 
and  assuming,  in  ever  so  small  a  degree,  the  re- 
sponsibility for  the  status  of  so  large  a  part  of  the 
earth's  surface,  it  is  only  fair  that  the  great  peace 
power  of  the  West  should  not  be  required  to  interfere 
against  its  will  in  any  other  quarrel.  Nor  is  any  meri- 
torious interest  m  the  w^orld  unfavorably  affected  by 
this  attitude  of  the  United  States  —  an  attitude  as- 
sumed and  maintained,  not  as  a  challenge,  not  boast- 
fully toward  Europe,  nor  patronizingly  toward  its 
sister  States  on  the  American  Continent,  but  simply 
in  pursuance  of  a  wise  and  far-seeing  recognition  of 
obvious  facts  and  their  logi;ical  bearino;s. 

The  declaration  was  presented  in  the  full  session  tuo  deciara- 
of   the  Conference  on  July  25,  read  by   the    Secre-  ^^"^  ^^^^"^  ^ 
tary  of  the  Conference,  and  unanimously  directed  to 
be  spread  upon  the  minutes,  and  added  to  the  Con- 
vention by  a  reference  opposite  the  signatures  of  the 
American  plenipotentiaries. 

The  importance  of  this  proceeding,  so  far  as  theitsimpor- 
United  States  of  America  is  concerned,  will  readily 
be  seen.  Never  before  that  day  had  the  Monroe 
Doctrine  been  officially  communicated  to  the  repre- 
sentatives of  all  the  great  Powers,  and  never  before 
was  it  received  with  all  the  consent  implied  by  a 
cordial  acquiescence,  and  the  immediate  and  unani- 
mous adoption  of  the  treaty  upon  that  condition. 
An  express  acceptance  or  recognition  w^as,  of  course,- 
impossible,  but  there  can  be  no  doubt  that  the  decla- 


272     THE  PEACE   CONFERENCE   AT   THE   HAGUE 


Chapter  V 


Cordial 
welcome  to 
the  United 
States. 


ration,  as  presented,  constitutes  a  binding  notice 
upon  every  Power  represented  at  the  Conference, 
forever  estopping  each  one  of  them  from  thereafter 
quoting  the  treaty  to  the  United  States  Government 
in  a  sense  contrary  to  the  declaration  itself.  The 
greatest  advantage  of  the  latter,  however,  is  the 
fact  that  it  leaves  to  the  United  States  absolute  and 
perfect  freedom  of  action,  and  this,  in  view  of  the 
recent  extension  of  American  power,  especiall}'  in 
the  far  East,  is  of  incalculable  importance. 

Whatever  may  be  the  view  of  certain  critics  in 
America,  there  can  be  no  doubt  that  the  repre- 
sentatives of  Europe  at  The  Hague  were  impressed 
with  the  spectacle  of  the  great  Republic  of  the  West, 
crowned  with  the  prestige  of  a  recent  brilliantly  suc- 
cessful war,  proclaiming  itself,  nevertheless,  in  the 
most  solemn  manner  possible,  a  member  of  the  family 
of  civilized  States,  —  abandoning  its  time-honored  but 
inadequate  policy  of  selfish  isolation,  and,  without 
departing  in  the  least  from  the  true  ideals  of  Wash- 
ington and  Monroe,  still  cooperating  cordially  with 
European  and  Asiatic  nations  for  the  highest  objects 
of  human  endeavor.  Nor  did  any  of  them,  it  may 
safely  be  assumed,  agree  with  the  curious  and  pre- 
posterous contention  that  the  consequences  of  the 
Spanish-American  War,  especially  in  the  far  East, 
had  in  the  slightest  degree  impaired  the  value  or 
force  of  the  Monroe  Doctrine.  It  was  with  particu- 
lar pleasure  that  the  United  States,  having  safe- 
guarded the  principal  interests  committed  to  it,  by 
this  declaration,  cooperated  most  cordially  and  unre- 


THE   ARBITRATIOX   TREATY  2Ti 

servedly  with  the  delegation  from  the  great  Republic  dapterv 
of  Europe,  in  impressing  the  idea  of  the  duty  of  joint 
efforts  for  peace  on  the  part  of  all  civilized  nations, 
into  the  international  law  of  the  future. 

The  representatives  of  the  Balkan  States,  notably  Efforts  to 

.  1    -r»  •  T  I'c  Strike  out  the 

oi  bervia  and  Koumania,  made  strenuous  enorts  to  word  "  duty." 
omit  the  word  "  duty,"  and  their  repeated  reference 
to  the  distinctions  between  great  and  small  Powers 
gave  occasion  for  a  spirited  reply  from  Professor  Zorn 
of  Germany,  in  which  the  cordial  adherence  of  the 
German  Empire  to  the  Convention  as  reported  by 
the  Committee  was  most  forcibly  and  unreservedly 
declared,  and  later  on  for  a  speech  from  M.  Bour- 
geois, which  ended  with  an  outburst  of  eloquence 
which  electrified  the  Conference  and  led  to  a  with- 
drawal of  all  hostile  motions :  — 

"  The  moral  duty,"  said  M.  Bourgeois,''  of  the  pro- Speech  of  m. 
visions  of  Article  21  is  to  be  found  entirely  in  the 
fact  that  a  common  duty  for  the  maintenance  of 
peace  among  men  is  recognized  and  affirmed  among 
the  nations.  Do  you  believe  that  it  is  a  small  matter 
that  in  this  Conference  —  not  in  an  assembly  of  theo- 
rists and  philosophers,  debating  freely  and  entirely 
upon  their  own  responsibility,  but  in  an  assembly 
where  the  Governments  of  nearly  all  the  civilized 
nations  are  officially  represented  —  the  existence  of 
this  international  duty  has  been  proclaimed,  and  that 
the  idea  of  this  duty,  henceforth  introduced  forever 
into  the  conscience  of  the  people,  is  imposed  for  the 
future  upon  the  acts  of  the  Governments  and  of  the 
nations  ?      My   colleagues   who    oppose    this   Article 


274     TIIK   PEACE    CONEERENCE    AT    THE    11  ACHE 

Chapter  V      will,   I  liopc,   permit  me  to  say  this :    I  fear    their 
Speech  of  M,   eves  are  not  fixed  on  what  should  be  their  real  pur- 

Bourijeois.  t         i  •  •  c         i  •  •  i  i 

pose.  In  this  question  oi  arbitration  they  appeared 
to  be  concerned  with  the  conflicting  mte rests  of  the 
great  and  small  Powers.  1  say,  wdtli  Count  Nigra, 
here  there  are  no  great,  no  small  Powers ;  all  are 
equal  in  view  of  the  task  to  be  accomplished.  But 
should  our  worl<:  give  greater  advantages  to  any 
Powers,  would  it  not  assuredly  be  to  the  weakest? 

"  Yesterday,  in  the  Comlte  d'Examen,  I  spoke  in 
the  same  strain  to  my  opposing  colleagues.  Is  not 
every  establishment  of  a  tribunal,  every  triumph  of 
an  impartial  and  well-considered  decision  over  war- 
ing interests  and  passions,  one  more  safeguard  for 
the  weak  against  the  abuses  of  power  ? 

"  Gentlemen,  what  is  now  the  rule  among  indi- 
vidual men  will  hereafter  obtain  among  nations. 
Such  international  Institutions  as  these  will  be  the 
protection  of  the  weak  against  the  powerful.  In  the 
conflicts  of  brute  force,  where  fighters  of  flesh  and 
with  steel  are  in  line,  we  may  speak  of  great  Powers 
and  small,  of  weak  and  of  mighty.  When  swords 
are  thrown  in  the  balance,  one  side  may  easily  out- 
weigh the  other.  Bat  in  the  weighing  of  rights  and 
ideas  disparity  ceases,  and  the  rights  of  the  smallest 
and  the  weakest  Powers  count  as  much  in  the  scales 
as  those  of  the  mightiest. 

"  This  conviction  has  guided  our  work,  and 
throughout  its  pursuit  our  constant  thought  has 
been  for  the  weak.  May  they  at  least  understand 
our  idea,  and  justify  our  hopes,  by   joining  in    the 


ARBTTRATION   TREATY  275 

effort  to  bring  the  future   of   Humanity  under   tlie  chapter  v 
majesty  of  the  Law." 


trative 
counci!. 


Article  28.  A  permanent  administrative  Coun-Thcadminis- 
cil  composed  of  the  diijlomatic  representatives  of 
the  Signatory  Powers  accredited  to  The  Hague,  and 
of  the  Netherlands  Minister  of  Foreign  Affairs,  who 
shall  act  as  President,  shall  be  constituted  in  that 
city  as  soon  as  possible  after  the  ratification  of  the 
present  Act  by  at  least  nine  Powers.  This  Council 
shall  be  charged  with  the  establishment  and  organi- 
zation of  the  International  Bureau,  which  shall 
remain  under  its  direction  and  control.  It  shall 
notify  the  Powers  of  the  Constitution  of  the  Court 
and  provide  for  its  installation.  It  shall  make  its 
own  by-laws  and  all  other  necessary  regulations.  It 
shall  decide  all  questions  of  administration  which  may 
arise  with  regard  to  the  operations  of  the  Court.  It 
shall  have  entire  control  over  the  appointment,  sus- 
pension, or  dismissal  of  officials  and  employees  of  the 
Bureau.  It  shall  determine  their  allowances  and 
salaries,  and  control  the  general  expenditure.  At 
meetings  duly  summoned  live  members  shall  consti- 
tute a  quorum.  All  decisions  shall  be  made  by  a 
majority  of  votes.  The  Council  shall  communicate 
to  each  Signatory  Powder  without  delay  the  by-laws 
and  regulations  adopted  by  it.  It  shall  furnish  them 
with  a  signed  report  of  the  proceedings  of  the  Court, 
the  working  of  the  administration,  and  the  expenses. 

This  Article  as  originally  reported  by  the  Commit- 
tee restricted  the  membership  of  the  administrative 
council  to  diplomatic  representatives  "residing"'  at 
The  Hague.  Upon  motion  of  Baron  de  Bildt  on 
behalf  of  Sweden  and  Norway,  this  was  changed  to 


27()     rilE   PEACE   CONFERENCE   AT   THE   HAGUE 

Chapter V  "accredited  to  The  Hague."  It  was  found  that 
quite  a  number  of  Powers  accredited  one  minister  to 
various  other  Powers  besides  Holland,  and  such  rep- 
resentatives, of  course,  had  no  permanent  residence 
at  The  Hague.  It  was  recognized,  however,  that  all 
Powers  who  share  in  the  expense  of  the  Court  should 
be  represented,  if  they  chose,  in  the  administrative 
council. 

Provision  for       ARTICLE  29.    The  cxpcnses  of  the  Bureau  shall  be 
o'rthe^^"^'^^   borne  by  the  Signatory  Powers  in  the  proportion  es- 
Bureau.         tabUshcd  for  the  international  bureau  of  the  Inter- 
national Postal  Union. 

According  to  the  rules  of  the  international  postal 
union  the  Signatory  Powers  are  grouped  in  classes 
according  to  their  size  and  presumptive  wealth,  and 
each  class  divides  among  its  members  equally  the 
burden  of  bearing  a  fixed  proportion  of  the  total 
charges.  This  method  has  worked  equitably  and 
without  objection,  and  was  therefore  indicated  as  the 
most  practical  rule  to  follow  with  reference  to  the 
Court  of  Arbitration.  The  expense  of  each  partic- 
ular litigation  is  regulated  in  Article  57. 

Cliai:>ter  III.    On  Arbitral  Procedm^e 

The  remaining  Articles  of  this  Convention  form  a 
simple  Code  of  Procedure  for  use  in  all  cases,  where 
the  parties  themselves  do  not  provide  rules  of  their 
own,  for  the  particular  case  to  be  submitted.  The 
desirability  of  such  a  code  has  been  hitherto  recog- 
nized in  almost  every  case  of  international  arbitra- 


THE   ARBITRATION   TREATY  277 

tion.  The  basis  for  the  present  provisions  was  a  chapter  v 
most  admirable  system  of  rules  of  procedure  adopted 
by  the  tribunal  which  decided  the  question  of  the 
true  boundary  line  between  Venezuela  and  British 
Guiana.  These  rules  were  understood  to  be  the  joint 
production  of  the  distinguished  President  of  that 
trijjunal,  ]\[.  de  Martens  of  Russia,  and  of  Mr.  Justice 
Brewer  of  the  United  States  Supreme  Court,  and 
Lord  Justice  Collins  of  the  English  High  Court  of 
Judicature. 

Article    30.    With    a   view   to   encouraging   the  Rules, 
development   of    arbitration    the    Signatory    Powers 
have  agreed  on  the  following  rules,  which  shall  be 
applicable  to  the  arbitral  procedure  unless  the  parties 
have  agreed  upon  different  regulations. 

Article  31.    The  Powers  which  resort  to  arbitr a- Agreement  to 
tion  shall  sign  a  special   act  {co^njyrorms)  in   which  ^^'^'*^''**^' 
the  subject  of  the  difference  shall  be  precisely  defined, 
as  well  as  the  extent  of  the  Powers  of  the  arbitrators. 
This  act  implies  an  agreement  by  each  party  to  sub- 
mit in  good  faith  to  the  award. 

The  importance  of  the  manner  of  stating  the  ques- 
tion to  be  submitted  has  l^een  fully  discussed  in  the 
Commentary  to  Article  16. 

Article  32.    The  duties  of  arbitrator  may  be  con- Manner  of 
ferred  upon   one   arbitrator  alone,    or  upon   several  Jj""^^^!,*,"^'^^^^^^ 
arbitrators  selected  by  the  parties,  as  they  please,  or  tribunal, 
chosen  by  them  from  the  members  of  the  Permanent 
Court  of  Arbitration  established  by  the  present  act. 
Failing  the  constitution  of   the   Tribunal   by   direct 


278     THE  PEACE   CONFERENCE   AT   THE   HAGUE 

(Chapter  V      agreeiiioiit  l)etween  the  parties,  it  shall  be  formed  in 
the  following  manner  :  — 

Each  jmrty  shall  appoint  two  arbitrators  and  these 
shall  together  choose  an  umpire.  In  case  of  an 
equal  division  of  votes  tlie  choice  of  the  umpire  shall 
be  intrusted  to  a  third  Power  tO  be  selected  by  the 
parties  by  common  accord.  If  no  agreement  is 
arrived  at  on  this  point,  each  party  shall  select  a 
different  Powder,  and  the  choice  of  the  umpire  shall 
be  made  by  agreement  between  the  Powers  thus 
selected. 

Sovereign  ARTICLE  33.    When  a  Sovereign  or  Chief  of  State 

stivte Ti!  fix     shall  be  chosen  for  an  arbitrator,  the  arbitral  proced- 
procedure.      urc  sliall  bc  determined  by  him. 

The  umpire  to      ARTICLE  34.    The    Umpire   shall  preside  over   the 
preside.         Tribunal ;    when  the   Tribunal   does   not   include   an 
umpire,  it  shall  appoint  its  own  presiding  officer. 

The  Committee  recognized  the  great  importance  of 
having  an  uneven  number  of  arbitrators  wherever 
possible.  At  the  same  time  tribunals  with  an  even 
number  may  sometimes  be  preferred,  as  in  the  case 
where  such  a  tribunal  was  expressly  provided  for, 
under  Article  6  of  the  proposed  treaty  of  arbitration 
between  Great  Britain  and  the  United  States. 

Howvacan-        ARTICLE  35.    In  case  of  the  death,  resignation,  or 
cies  are  to  be  r^i^ggj^^^g^  f^^  au}^  causc,  of  ouc  of  the  arbitrators,  the 

place  shall  be  filled  in  the  manner  provided  for  his 

appointment. 

The  original  Code  of  procedure  submitted  by  the 
Russian  Government  provided  that  in  case  of  the 
death    or   resignation    of    an    arbitrator,    the    entire 


tilled. 


THE   ARBITRATION   TREATY  279 

agreement  for  arbitrcation  should  be  considered  void.  Chapter  v 
This  would  seem  to  be  more  in  accord  with  the  i^rin- 
ciple  previously  laid  down,  requiring  the  assent  of 
both  litigants  to  the  appointment  of  every  member 
of  the  Court.  After  careful  discussion  ^  the  Commit- 
tee, however,  decided  that  the  Article  as  it  stands 
contains  the  safest  general  rule  for  such  a  contin- 
gency, and  that  it  w^ould  be  better  for  the  parties  to 
understand  that  in  the  aljsence  of  a  contrary  stipula- 
tion, the  same  autliority,  appointing  an  arbitrator, 
might  be  called  upon  in,  a  jDrojoer  case  to  fill  the 
vacancy. 

Article  36.    The  parties  shall  designate  the  place  piace  of 
where  the  Tribunal  is  to  sit.     Failing-  such  a  desig-na- ®'"^°^' 
tion,  the  Tribunal  shall  sit  at  The  Hague.     The  place 
of    session  thus  determined  shall  not,  except  in  the 
case  of  overwhelming   necessity,  be  changed  by  the 
Tribunal  without  the  consent  of  the  parties. 

Article  37.    The  parties  shall  have  the  right  to  Appointment 
appoint  agents  or  attorneys  to  represent  them  l3efore  .^le^,"s™n?' 
the  Tribunal  and  to  serve  as  intermediaries  between  couuseiors. 
them  and  it. 

They  are  also  authorized  to  employ  for  the  defence 
of  their  rights  and  interests  before  the  Tribunal  coun- 
selors or  solicitors  named  by  them  for  that  purpose. 

There  is  no  doul)t  that  the  practice  before  the 
international  court  of  arbitration  will  attract  to  its 
bar  the  chief  international  jurists  of  every  signatory 
power.  The  question  whether  any  person  enrolled 
as    a  member  of   the  Court  should  be   permitted  to 

^  For  which,  see  4  Official  Record  I-il. 


28U     THE   PEACE    CONFERENCE   AT    THE   HAGUE 

Chapter  V  practice  before  it  was  raised  by  Mr.  Low  of  the 
Judges  not  to  American  Delegation,  and  was  referred  by  the  Third 
cenaiiTcases.  Committee  to  the  Comite  cVExamen  for  consideration 
and  report.  This  Committee  unanimously  agreed  to 
recommend  that  no  member  of  a  particular  bench 
should  be  permitted,  during  the  exercise  of  such 
function,  to  appear  before  another  bench,  on  another 
case,  in  the  capacity  of  counsel.  The  English  rule 
of  "once  a  judge  always  a  judge,"  suggested  by 
Lord  Pauncefote,  seemed  to  the  Committee  to  be 
too  drastic.  Mr.  Holls  of  the  United  States  sug- 
gested that  the  rule  be  made  so  as  to  prohibit  a 
member  of  the  Court  from  appearing  as  counsel  for 
any  country  except  the  country  of  which  he  was  a 
citizen  or  by  which  he  was  appointed.  This  view 
received  the  weighty  indorsement  of  Professor  Lam- 
masch  of  Austria,  but  the  Committee  finally  decided 
upon  having  it  merely  spread  upon  the  record  in  the 
2Jroces  verbal,  and  permitting  the  question  as  a  whole 
to  remain  in  comparative  uncertainty,  trusting  that 
the  good  sense  and  propriety  of  the  members  of  the 
Court,  as  well  as  of  its  bar,  would  finally  evolve  a 
rule  without  inconvenience,  and  with  sufficient  safe- 
guards for  the  unsullied  reputation  of  the  bench  for 
disinterestedness  and  impartiality. 

Language.  ARTICLE  38.    The  Tribunal  shall  decide  upon  the 

choice  of  languages  used  by  itself,  or  to  be  author- 
ized for  use  before  it. 

Two  phases  of      ARTICLE  39.    As  a  general  rule  the  arbitral  proced- 
procedure.      -^j.^  shall  comprise  two  distinct  phases  —  preliminary 


THE   ARBITRATION   TREATY  281 

examination  and  discussion.  Preliminary  examina- Chapter  v 
tion  shall  consist  in  the  communication  by  the  respec- 
tive agents  to  the  members  of  the  Tribunal  and  to 
the  opposite  party,  of  all  printed  or  written  acts, 
and  of  all  documents  containing  the  arguments  to  be 
invoked  in  the  case.  This  communication  shall  be 
made  in  the  form  and  within  the  period  lixed  by  the 
Tribunal,  in  accordance  with  Article  49.  The  dis- 
cussion shall  consist  in  the  oral  argument  before  the 
Tribunal.  The  discussion  shall  consist  in  the  oral 
development  before  the  Tribunal  of  the  argument  of 
the  parties. 

This  Article  in  effect  provides  for  a  procedure  simi- 
lar to  that  now  in  existence  before  ordinary  Ameri- 
can or  English  appellate  tribunals.  The  documents 
in  the  case  or  the  so-called  "  printed  case  on  appeal " 
is  filed  wdth  the  Court,  and  served  on  the  opposite 
side  within  the  time  limit  set  by  the  rules,  and  at  the 
proper  day  the  oral  argument  is  heard  by  the  Court. 


Article  40.    Every   document   produced   by   one  communica- 
tion of 

documents. 


party  must  be  communicated  to  the  other  party      *'°°°* 


Article  41.  The  discussions  shall  be  mider  the  The  proceed- 
direction  of  the  president.  They  shall  be  public  j^^^s^^^"  «p^" 
only  in  case  it  shall  be  so  decided  by  the  Tribunal, 
with  the  assent  of  the  parties.  They  shall  be  re- 
corded in  the  official  minutes  drawn  up  by  the  secre- 
taries appointed  hy  the  president.  These  official 
minutes  alone  shall  have  an  authentic  character. 

There  can  be  no  doubt  that  publicity  will  be  the 
rule,  with  reference  to  the  proceedings  of  the  inter- 
national Court  of   Arbitration.     At  the   same  time, 


282      THE   PEACE   CONFERENCE   AT   THE   HAGUE 

Chapter  y  exceptional  cases  may  occur  where  privacy,  at  least 
for  a  limited  period,  may  be  of  importance. 

Rules  of  Article  42.    When  the  preliminary  examination 

practice.         j^  concludcd,  the  Tribunal  may  refuse  admission  of 

all    new  acts   or   documents,  which   one    party  may 

desire  to  submit  to  it,  without   the  consent  of    the 

other  party. 

Powers  of  ARTICLE  43.    The  Tribunal  may  take  into  considera- 

the  Tribunal,  ^j^j^  ^\\q\\  new  acts  or  documcuts  to  which  its  atten- 
tion may  be  drawn  by  the  agents  or  counsel  of  the 
parties.  In  this  case  the  Tribunal  shall  have  the 
right  to  require  the  production  of  these  acts  or  docu- 
ments, but  it  is  obliged  to  make  them  known  to  the 
opposite  party. 

Article  44.  The  Tribunal  may  also  require  from 
the  agents  of  the  party  the  production  of  all  papers, 
and  may  demand  all  necessary  explanations.  In  case 
of  refusal  the  Tribunal  shall  take  note  of  the  fact. 

In  these  three  Articles  the  Tril)unal  is  invested  with 
that  complete  control  of  pleadings,  practice,  and  pro- 
cedure which  now  appertains  to  all  equity  courts. 

No  technical  points  or  pitfalls  are  permitted  to 
exist  to  entrap  an  imwary  practitioner.  It  will  not 
be  possible  to  defeat  a  just  claim  or  an  equitable 
defence  otherwise  than  by  a  decision  squarely  upon 
the  merits  of  the  case. 

Oraiargu-  Article  45.    The  agcnts  and  counsel  of  the  par- 

ments.  ^-^g  ^j,^  authorized  to  present  orally  to  the  Tribunal 

all  the  arguments  Avhich  they  may  think  exj^edient 

in  support  of  their  cause. 


77//';    A  R lU  Til .  I  77r>;V    TREA  TV  28:i 

Article  46.    They  shall  have   the  right   to  raise  Chapter  v 
objections  and  to  make  incidental  motions.     The  de-objo.Mions 
cisions  of  the  Tribunal  on  these  points  shall  be  final, '^"''  ""'tio"s. 
and  shall  not  form    the  subject   of    any  subsequent 
discussion. 

Article  47.  The  members  of  the  Tribunal  shall  Questions  and 
have  the  right  to  put  questions  to  the  agents  or  ^^P^^'^'^tio^s- 
counsel  of  the  parties,  and  to  demand  explanations 
from  them  on  doubtful  points.  Neither  the  questions 
put  nor  the  remarks  made  by  members  of  the  Tribunal 
during  the  discussion  or  argument  shall  be  regarded 
as  an  expression  of  opinion  by  the  Tribunal  in  general, 
or  by  its  members  in  particular. 

Article  48.    The  Tribunal  is  authorized  to  deter- Tribunal  to 
mine  its  own  jurisdiction,  by  interpreting  the  agree- o^^I^^'^^'s^^jf^f. 
ment  of  arbitration  or  other  treaties  which  may  betiou. 
quoted  in  point,  and  by  the  application  of  the  prin- 
ciples of  international  law. 

The  powers  herein  conferred  are  necessary  for  the 
proper  working  of  arbitration,  but  it  must  be  admitted 
that  they  are  liable  to  abuse.  The  penalty  for  any 
undue  enlargement  of  the  jurisdiction  of  the  Tribunal 
must  of  course  be  foimd  in  the  refusal  of  both  liti- 
gants to  abide  by  the  decision,  as  was  done  in  1841 
in  the  case  of  Great  Britain  and  the  United  States, 
when  the  king  of  Holland,  who  had  been  appointed 
arbitrator  for  the  northeastern  boundary,  exceeded 
his  powers  in  drawing  a  boundary  line  which  satis- 
fied neither  party. ^  With  tribunals  as  sensitive  to 
their  own    reputations    as    those    of    the  permanent 

11  Moore,  Arbitration^  p.  1;37. 


284     THE   PEACE    CONFERENCE   AT    THE   HAGUE 

Chapter  Y  Court  are  likely  to  be,  a  recurrence  of  similar 
experiences  is  hardly  within  the  limits  of  probability.^ 
When  France  and  the  Netherlands,  by  the  treaty 
of  November  29,  1888,  agreed  to  submit  the  ques- 
tion of  the  true  boundary  between  their  respective 
colonies  of  French  Guiana  and  Surinam  to  the  arbi- 
tration of  the  Emperor  of  Russia,  the  latter  (Alex- 
ander III.)  declined  to  act  if  he  was  required  to 
adopt,  without  modification,  the  boundary  line  pro- 
posed by  one  party  or  the  other.  Accordingly,  by 
the  agreement  of  August  28,  1890,  the  litigating 
Powers  expressly  conferred  upon  the  arbitrator  the 
right  to  fix  the  boundary  according  to  his  own 
decisions  upon  the  equities  of  the  case. 

Special  rules  ARTICLE  49.  The  Tribunal  shall  have  the  right  to 
of  procedure,  ^^^ke  rulcs  of  proccdurc  for  the  direction  of  the  trial 
to  determine  the  form  and  the  periods  in  which 
parties  must  conclude  the  argument,  and  to  prescribe 
all  the  formalities  regulating  the  admission  of  evi- 
dence. 

End  of  the         ARTICLE  50.    The  agcuts  and  the  counsel  of  the 
hearing.        parties  liaviug  presented  all  the  arguments  and  evi- 
dence in  support  of  their  case,  the   President  shall 
declare  the  hearing  closed. 

Deliberations       ARTICLE    51.    The    deliberations   of   the   Tribunal 

doors'^^"^'^'^     shall  take  place  with  closed  doors.     Every  decision 

shall  be  made  by  a  majority  of  the  memlDcrs  of  the 

1  Geffcken  (Ileffter,  §  109,  note  5)  denies  the  right  of  a  Tribunal 
of  Arbitration  to  determine  its  own  jurisdiction,  but  without  reason. 
Calvo  (§  1757)  distinctly  affirms  it,  and  The  Hague  treaty  wisely 
settles  the  question,  probably  forever. 


THE  ARBITRATION   TREATY  285 

Tribunal.     The  refusal  of  any  member  to  vote  shall  chapter  v 
be  noted  in  the  ot!i(3ial  minutes. 

Article  52.    The  award  shall  be  made  by  a  ma-Awanibya 
iority  of  votes,  and  shall  be  accompanied  by  a  state- '"■^■''""'^^' ?^°,*^ 
ment  of   the   reasons   upon  which    it   is   based.     It  by  an  opinion. 
must  be  drawn  up  in  writing  and  signed  by  each  of 
the  members  of  the  Tribunal.     Those  members  who 
are  in  the  minority  may,  in  signing,  state  their  dis- 
sent. 

The  requirement,  on  motion  of  Professor  Zorn,  Discussion  on 
of  an  "opinion,"  with  each  arbitral  award,  stating meut^'of 
the  reasons  upon  which  it  is  based,  was  vigorously  °p""°°^' 
attacked  in  the  Coniite  cVExamen  by  M.  de  Martens. 
He  recognized  the  advantage  of  creating  a  body  of 
international  Jurisprudence  by  means  of  a  series  of 
decisions  and  opinions  of  great  authority,  but  he 
strongly  objected  to  the  idea  of  obligation  to  write, 
on  the  part  of  the  arbitrators.  The  latter  w^ere  not 
only  judges,  but  very  often  also  representatives  of 
the  governments  in  litigation.  The  prevailing  opin- 
ion might  contain  serious  criticism  of  one  of  the 
parties,  and  its  representative  would  be  constrained 
to  withhold  a  concurrence,  which  in  the  case  of  a 
simple  award  might  have  been  obtained.  A  decision 
concurred  in  by  the  nominees  of  the  defeated  party 
was  more  important  even  for  the  future  of  arbitra- 
tion than  the  most  learned  or  eloquent  opinion. 
There  was  nothing  to  prevent  the  judges,  in  proper 
cases,  from  writing  opinions,  but  whether  they  should 
do  so  or  not  was  surely  a  question  which  could  safely 
be  left  to  their  discretion.     Mr.  Holls  warmly  sup- 


28G     THE   PEACE    CONFERENCE    AT    THE    II A  CUE 


Chapter  V 


Public  read- 
ing of  the 
award. 


Final 

decision. 


Rehearing. 


ported  this  view,  but  tlie  Comite  cV Examen  adopted 
the  proposition  of  Professor  Zorn,  Chevalier  Des- 
camps  declaring  that  the  required  statement  might 
be  made  so  short  as  to  be  entirely  unobjection- 
able. 

Article  53.  The  award  shall  be  read  in  a  public 
sitting  of  the  Tribunal,  the  agents  and  counsel  of 
the  litigants  being  present  or  having  been  duly 
summoned. 

Article  o4.  The  award  duly  pronounced  and 
notified  to  the  agents  of  the  parties  in  litigation 
shall  decide  the  dispute  finally  and  without  appeal. 

Article  55.  The  parties  may  reserve  in  the  agree- 
ment of  arbitration  the  right  to  demand  a  rehearing 
of  the  case.  In  this  case,  and  in  the  absence  of  any 
stipulation  to  the  contrary,  the  demand  shall  be 
addressed  to  the  Tribunal  w^iich  has  pronounced  the 
judgment ;  but  it  shall  be  based  only  on  the  discovery 
of  new  facts,  of  such  a  character  as  to  exercise  a 
decisive  influence  upon  the  judgment,  and  which  at 
the  time  of  the  judgment  were  unknown  to  the  Tri- 
bunal itself  and.  to  the  parties  demanding  the  rehear- 
ing. The  proceedings  for  a  rehearing  can  only  be 
begun  by  a  decision  of  the  Tribunal,  stating  expressly 
the  existence  of  the  new  fact  and  recognizino-  that  it 
possesses  the  character  described  in  the  preceding 
paragraph,  and  declaring  that  the  demand  is  admis- 
sible on  that  ground.  The  agreement  of  arbitration 
shall  determine  the  time  within  which  the  demand 
for  a  rehearinu-  shall  be  made. 


The  American  Plan  for  an  international  tribunal 
contained  the  following  paragraph  :  — 


THE   ARIilTllATlON   TREATY  287 

"Every  litigant  before  the  international  tribunal  chapter  v 
shall  have  tlie  right  to  make  an  appeal  for  reexam- 
ination of  a  case  within  three  months  after  notifica- 
tion of  the  decision,  upon  presentation  of  evidence 
that  the  judgment  contained  a  substantial  error  of 
fact  or  of  law." 

When  this  article  was  offered  as  an  amendment  Debate  on 
in  the  Comite  cV Examen  it  was  vigorously  opposed  ^^  "^^""s- 
by  M.  de  Martens  of  Russia,  who  thought  that 
any  provision  looking  toward  a  second  hearing 
would  diminish  the  moral  authority  of  the  tribunal 
and  the  w^eight  otherwise  given  to  its  first  decisions. 
He  therefore  demanded  a  preliminary  vote  upon  the 
question  of  the  principle  of  a  rehearing  in  any  case. 
The  Committee  decided  in  favor  of  the  principle,  by 
the  votes  of  Holland,  Germany,  Austria,  Italy,  Great 
Britain,  and  the  United  States,  against  those  of 
Switzerland,  Belgium,  and  Russia.  Accordingly  an 
article  substantially  embodying  the  American  view 
was  reported  to  the  full  Committee  on  Arbitration. 
M.  Asser  of  Holland,  in  the  general  Committee, 
on  July  17,  offered  the  article  as  it  now  stands 
as  a  substitute  for  the  American  proposition.  A 
summary  of  the  speeches  made  for  and  against  the 
proposition  will  suffice,  for  all  practical  purposes,  as 
a  commentary,  and  it  is  therefore  subjoined. 

M.   de  Martens   spoke    as  follows :    "  During    the  Speech  of 
entire   course   of   the    Conference   you   have   always  J^^^'^  ^^'^'"' 
honored  me  w'itli  a  most  respectful  attention,  wdien- 
ever  1  deemed  it  necessary  to  intervene  in  the  dis- 
cussion, for  the  purpose  of  dissenting  or  explaining 


288     THE  PEACE   CONFERENCE  AT   THE   HAGUE 


de  Martens. 


Chapter  V  tliG  icleas  wliicli  liavG  been  put  upon  the  programme 
Speech  of  M.  on  tliG  part  of  Russia.  I  thank  you  most  sincerely. 
"  Permit  me  once  more  at  this  time  to  count  upon 
sucli  good  will,  and  I  beg  your  most  serious  atten- 
tion, because  the  question  which  now  occupies  us  is 
one  of  the  very  greatest  importance.  It  is  a  vital 
question  for  the  entire  institution  of  international 
arbitration,  which  is  certainly  dear  to  all  of  our 
hearts.  The  honorable  delegate  from  the  United 
States,  Mr.  Holls,  and  my  friend,  M,  Asser,  have 
said  that  it  is  necessary  to  save  the  principle  of  a 
rehearing  of  arbitral  award.  I  regret  infinitely  not 
to  be  able  to  share  this  opinion.  I  am  a  member  of 
the  society  for  the  relief  of  the  shipwrecked  and  of 
the  Red  Cross  society,  but  in  this  present  case  I 
deem  it  my  duty  to  be  cruel  and  inhuman.  I  can- 
not possibly  hold  out  my  hands  for  the  saving  of 
Article  55,  and  I  wish  from  the  bottom  of  my 
heart  that  it  shall  be  shipwrecked  even  on  these 
hospitable  shores  of  Holland. 

"  But,  gentlemen,  in  what  does  the  importance 
of  this  question  consist  ?  Is  it  true  that  a  re- 
hearing of  a  judicial  award  based  upon  error  or 
upon  considerations  not  suffi.ciently  founded  is  not 
desirable  ?  Ought  we  not,  on  the  contrary,  to  desire 
that  an  error  should  be  eliminated  by  new  documents 
or  new  facts  which  may  be  discovered  after  the  close 
of  the  arbitration  ?  No,  gentlemen,  it  would  be  ab- 
solutely wrong  and  unfortunate  to  have  an  arbitral 
sentence  duly  pronounced  by  an  international  tri- 
bunal subject  to  being  reversed  b}^  a  new  judgment. 


THE  ARBTTRAriON   TREATY  289 

It  would  be  most  profoundly  regrettable  if  the  arbitral  Chapter  v 
award  did  not  terminate,  finall}^  and  forever,  the 
conflict  between  the  litigating  nations,  but  should 
provoke  new  dissensions,  inflame  the  passions  anew, 
and  menace  once  more  the  peace  of  the  world.  A 
rehearing  of  the  arbitral  award  as  provided  for  in 
Article  55  must  necessarily  have  such  a  disastrous 
effect.  There  should  not  on  this  point  be  left  the  slight- 
est doubt.  The  litigating  Power  against  which  the 
arbitral  award  has  been  pronounced  will  not  execute  it, 
certainly  not  during  three  months,  and  it  will  make 
all  imaginable  efforts  to  find  new  facts  or  documents. 
The  litigation  will  not  have  been  ended,  but  it  will 
be  left  in  suspense  for  three  months  with  this  serious 
aggravation,  that  the  Government  and  the  nation 
which  have  been  found  to  be  culpable  will  once  more 
be  put  upon  the  plane  of  recrimination  and  of  recip- 
rocal dangerous  accusation.  This  is  the  explanation 
which  makes  it  very  significant  that  in  this  Comite 
d'Examen  Article  55  received  five  votes  against  four. 
"  The  end  of  arbitration  is  to  terminate  the  con- 
troversy absolutely.  The  great  utility  of  arbitra- 
tion is  in  the  fact  that  from  the  moment  when  the 
arbitral  judgment  is  duly  pronounced  everything  is 
finished,  and  nothing  but  bad  faith  can  attack  it. 
Never  can  an  objection  be  raised  against  the  execu- 
tion of  an  arbitral  sentence.  Now,  if  we  accept  the 
principle  of  a  rehearing,  what  will  be  the  role  of  the 
arbitrators  before  and  after  the  sentence  ?  Actually 
they  will  enjoy  the  greatest  moral  authority,  because 
they  have  the  possibility  of  ending  forever  an  inter- 


•2i)0     THE  PEACE   CONFERENCE  AT   THE   HAGUE 

cimpterv  national  coiiflict,  and  experience  has  shown  that  on 
Speech  of  M.  the  nioming  after  the  award,  journals,  legislative 
de  Martens,  (.i^j^i-j^j^ej-g^  public  opinion  —  everj  one  bows  in  silence 
to  the  decision  of  the  arbitrators.  If,  on  the  contrary, 
it  is  known  that  the  sentence  is  suspended  for  three 
months,  the  State  against  which  judgment  has  been 
given  will  do  its  utmost  to  find  a  document  or  a  new 
fact.  During  this  time  the  judgment  will  be  deliv- 
ered over  to  the  debate  of  public  opinion.  It  will 
not  finish  or  cut  off  anything.  On  the  contrary,  it 
w^ill  raise  a  tempest  in  the  press  and  in  the  parlia- 
ments. Everything  will  be  attacked  —  tlie  arbitrators, 
the  hostile  government,  and,  above  all,  the  home 
government.  They  will  be  accused  of  having  held 
back  documents  and  concealed  new  facts.  For  three 
months  the  discussion  upon  the  judgment  will  be 
open.  Never  can  a  judgment  given  on  such  condi- 
tions have  the  moral  obligatory  force  which  is  the 
very  essence  of  arbitration.  On  the  other  hand,  the 
arbitrators  will  not  have  the  same  sentiment  of 
responsibility  as  when  by  one  word  they  are  able  to 
detennine  a  controversy  between  two  nations.  This 
idea  of  a  rehearing  is  the  saddest  blow  which  could 
be  struck  against  the  idea  of  arbitration.  Apropos 
of  my  first  remarks  at  the  beginning  of  these  sessions 
I  apply  to  myself  the  words,  '  dixi  et  salvavi  animam 
meam.'  I  now  change  them  and  I  say,  '  dixi  et 
salvavi  arhitrationem.'  " 
Reply  of  Count  Nigra  remarked  that  the  Committee  was  in 

Count  Nigra.  ^|^^  preseucc  of  two  opinions,  both  of  which  were  too 
radical.     There  was   a   great   deal   of    truth    in   the 


THE   ARBITRATION   TREATY  291 

arguments  of  M.  de  Martens;  but  errors  always  hap- chapter  v 
pen,  and  if  it  is  truly  an  error,  evident  to  the  eyes  of 
the  public,  why  should  it  be  held  necessary  to  conse- 
€rate  it?  Wln^  not  revise  it?  On  the  other  hand, 
the  wording  of  Article  55  seemed  to  him  to  be  too 
unlimited.  The  expression  "  new^  facts  exercising  a 
decisive  influence"  did  not  seem  to  him  sufficiently 
precise  or  definite  to  limit  the  cases  of  a  rehearing. 
The  instructions  of  the  Italian  Government  directed 
him  to  pronounce  himself  in  favor  of  a  rehearing.  If 
the  principle  of  a  rehearing  is  maintained,  it  seemed 
to  him  preferable  to  adopt  the  text  of  the  treaty  of 
arbitration  between  Italy  and  the  Argentine  Repub- 
lic, which  limits  the  reasons  for  a  rehearing  to  facts 
regarding  the  case  in  litigation  in  the  following  two 
cases :  First,  if  the  judgment  w^as  pronounced  on  the 
basis  of  a  forged  or  erroneous  document ;  second,  if 
the  judgment,  wholly  or  partly,  is  the  consequence 
of  a  positive  or  negative  error  of  fact  resulting  from 
the  acts  or  documents  in  the  case. 

Mr.  Holls  spoke  as  follows  :  — 

"  I  cannot  forbear  to  express,  at  the  outset,  the  Reply  of  Mr. 
g:reat  reluctance  and  hesitation  with  which  I  find 
myself  in  disagreement,  on  a  question  of  such  great 
importance,  with  the  gentleman  who  may  perhaps  be 
called  the  most  eminent  representative  in  the  entire 
world,  of  the  idea  of  arbitration,  the  President  of  the 
one  tribunal  of  arbitration  which  is  sitting  at  present, 
our  most  honorable  colleague  from  Russia,  M.  de 
Martens.  If  there  were  in  my  mind  the  slightest 
doubt  as  to  the  soundness  of  the  proposition  which  is 


292     THE   PEACE    CONFERENCE    AT    THE   HAGUE 

Chapter  V  at  present  before  us,  I  would  be  inclined  to  dismiss 
KepiyofMr.  all  furtlicr  Consideration  and  assent  to  the  opinion  of 
an  authority  so  eminent,  especially  when  that  opin- 
ion is  expressed  with  so  much  force  and  eloquence. 
But  all  of  my  hesitation  does  not  prevent  me  from 
expressing  my  very  great  surprise  at  the  arguments 
of  which  M.  de  Martens  has  just  made  use.  In 
effect,  they  show  to  my  mind  that  he  has  completely 
misunderstood  the  proposition  which  has  been  in- 
serted at  the  request  of  the  United  States  of 
America  into  the  code  of  arbitral  procedure.  I 
agree  most  emphatically  with  all  that  M.  de 
Martens  has  said  about  the  necessity  of  putting  a 
definite  end  to  international  litigation.  In  differ- 
ences between  States,  the  maxim  '  mteresse  j)opuli  ut 
sit  finis  litium '  is  even  more  true  than  in  those 
between  individuals.  The  supreme  end  of  arbitra- 
tion is,  as  M.  de  Martens  said,  to  settle  definitely  the 
questions  upon  which  recourse  has  been  had,  and 
everything  which  unreasonably  retards  the  decision 
or  leaves  it  in  suspense  will  be  objected  to,  most 
decidedly,  by  the  delegates  of  the  United  States  as 
well  as  by  him. 

"  Moreover,  Mr.  President,  our  proposition  for  a  re- 
hearing is  by  no  means  based  upon  a  fantastic  idea, 
as  though  it  were  possible  to  evade  or  correct  all  the 
errors  which  must  occasionally  slip  into  arbitral 
decisions.  We  by  no  means  ignore  the  fact  that 
error  is  and  always  will  be  an  inherent  element  in 
every  human  institution  or  decision. 

"  Our  point  of  view  is  eminently  practical,  and  this 


THE  ARBITRATION    TREATY  293 

is  the  theory  upon  which  the  Article  proposed  by  Chapter  v 
us  reposes.  It  is  above  all  extremely  desirable  and 
even  necessary  that  the  project  of  arbitration  which 
this  Conference  is  about  to  propose  to  the  world 
should  provide  for  the  possibility  of  rectifying  evi- 
dent errors,  in  a  regular  and  legal  manner,  without  in- 
curring the  danger  of  having  the  decision  repudiated 
by  the  aggrieved  party. 

"  Permit  me  to  say  at  this  point  that  the  importance 
of  our  Article  does  by  no  means  solely  repose  upon  its 
practical  effect  in  each  case,  but  perhaps  even  more 
in  the  circumstance  that  it  will  constitute  an  impor- 
tant feature  of  the  general  project  of  arbitration  which 
is  being  elaborated  by  the  Conference.  Everything 
which  we  are  creating  here  has  a  general,  voluntary, 
and  facultative  character.  We  are  not  occupied  at 
the  present  time  with  rules  for  any  particular  differ- 
ence whatever.  It  will  soon  be  the  duty  of  the 
members  of  this  Conference  to  appear  before  their 
different  peoples  and  explain  to  them  the  projects 
which  we  have  elaborated  with  so  much  labor  and 
so  much  care.  According  to  the  view  of  the  Ameri- 
can Delegation,  this  project  will  contain  a  fatal 
omission  if  it  does  not  provide  any  method  whatever 
for  dealing  with  an  evident  error.  For  we  may  be 
sure  that  if  this  Article  shall  not  be  adopted,  and  a 
manifest  error  shall  hereafter  be  discovered,  the 
aggrieved  party  which  loses  its  case  will  not  accept 
the  decision  with  good  grace,  even  if  it  may  yield  to 
force.  There  is  a  limit  to  the  principle  established 
by  M.  de  Martens,  that  the  chief  end  of  arbitration 


Holls. 


294     Tin-:  PEACE    CONFERENCE   AT   THE  HAGUE 

chaptorv  is  to  Settle  forever  the  questions  about  wliicli  it  has 
Reply  of  Mr.  been  invoked.  That  limit  has  well  been  declared  by 
our  American  statesman,  Abraham  Lincoln,  in  his 
celebrated  saying,  '  Nothing  is  settled  until  it  is 
settled  right.'  Our  Article  seems  to  find  a  golden 
mean  between  two  extreme  dangers,  that  of  perpetu- 
ating an  injustice,  and  that  of  leaving  a  difference 
unsettled.  The  objection  has  been  raised  that  the 
new  fact  might  be  discovered  one  day  after  the  expi- 
ration of  the  term  fixed  in  this  Article.  But  this 
possibility  is  an  inconvenience  which  exists  always 
when  an  arbitrary  term  is  fixed  for  any  end  whatever, 
and  it  will  exist  in  equal  measure  if  we  adopt  a 
period  of  six  months  in  place  of  three.  The  theory 
upon  which  our  Article  is  based,  so  far  as  this  point 
is  concerned,  is  that  immediately  after  the  rendering 
of  the  decision  it  is  subjected  to  criticisms  and  inves- 
tigations of  the  most  minute  character,  and  then,  if 
ever,  is  the  opportunity  for  discovering  new  facts  or 
important  errors. 

'•  It  may  well  be,  as  M.  de  Martens  has  said,  that 
the  criticism  to  which  the  arbitral  decision  will  Ije 
subjected  in  this  manner  will  take  the  character  of 
an  attack,  and  may  cause  discussion  in  the  journals 
and  pamphlets  in  a  form  most  undesirable.  But,  on 
the  other  hand,  it  is  also  true  that  the  decision  will 
be  examined  most  minutely  by  all  the  experts  of  in- 
ternational law  in  the  entire  world,  and  by  all  of 
those  who,  on  account  of  their  public  or  private  posi- 
tion, have  followed  the  proceedings  of  the  litigation 
and  who  are  interested  in  it  and  in  its  result.     This 


THE   ARBITRATION   TREATY  295 

is  the  best  guarantee  possible  for  the  discovery  of  any  chapter  v 
hidden  fact  which  might  have  the  effect  of  correcting 
an  error,  or  of  making  reparation  for  an  injustice. 
New  facts  cannot  be  forged  nor  manufactured,  at 
least  not  by  civilized  Governments.  In  fact,  every 
Government  will  hesitate  to  expose  its  country  to  the 
humiliation  which  would  undoubtedly  attach  to  an 
unsuccessful  attempt  for  a  rehearing  of  the  litigation 
upon  a  pretended  discovery  of  new  facts,  the  existence 
of  which  would  be  denied  by  the  tribunal.  More- 
over, one  should  not  lose  sight  of  the  fact  that  for 
the  purpose  of  having  a  rehearing,  the  very  tribunal, 
composed  of  the  same  judges  who  have  pronounced  the 
award,  must  declare  that  a  manifest  error  has  been 
committed.  This  is  saying,  in  other  words,  that  the 
new  fact  which  has  been  discovered  is  of  a  nature  to 
have  influenced  the  decision  of  the  tribunal.  Before 
the  decision  has  been  rendered  it  is  not  always  possi- 
ble to  know  what  species  of  fact  or  wdiat  argumenta- 
tion has  made  the  greatest  impression  upon  the  judges 
and  has  determined  their  decision. 

"  Take,  for  example,  the  question  in  controversy  at 
this  moment  before  the  Court  of  Arbitration  of  which 
our  honorable  colleague  from  Russia  is  acting  so 
worthily  as  president  —  the  question  of  the  frontier 
between  British  Guiana  and  Venezuela.  In  this  case 
the  delay  of  three  or  six  months  could  not  be  truly 
called  anything  but  minimal,  in  view  of  the  fact  that 
this  difference  has  existed  and  Q:one  on  for  three  or 
four  years,  and,  in  a  form  more  or  less  obscure,  for 
more  than  eighty  years.     It  would  therefore  be  un- 


Holls. 


20(5     THE  PEACE   CONFERENCE  AT   THE   HAGUE 

Chapter  V  important  whether  the  decision  should  be  rendered 
Reply  of  Mr.  on  the  first  of  October  or  the  first  of  January,  by 
comparison  with  the  danger  arising  from  a  mani- 
festly erroneous  or  unjust  decision.  Among  other 
things  this  controversy  implies  the  interpretation  of 
treaties  made  more  than  two  hundred  and  fifty  years 
ago  ;  it  includes  a  great  number  of  historical  prece- 
dents, of  questions  about  colonization,  of  jurisdiction 
over  barbarous  tribes,  as  well  as  questions  of  the  weight 
and  authority  to  be  given  to  different  maps.  Upon 
these  latter  both  parties  will  lay  great  stress,  in  order 
to  prove  that  their  contentions  have  already  been 
recognized  and  admitted.  Up  to  the  moment  of  the 
decision  of  the  tribunal  it  will  be  impossible  to  know 
what  kind  of  facts  and  what  argumentation  have  de- 
termined the  award.  Now  the  seeking;:  of  new  facts 
is  limited  to  that  category.  If  that  inquiry  should 
be  successful,  for  example,  if  a  new  map  or  a  new 
document  of  incontestable  and  unquestioned  author- 
ity should  be  found,  it  is  evident  that  the  inter- 
ested party  would  refuse  to  submit  to  an  award 
which  could  not  be  rectified  in  a  legal  and  regular 
manner. 

I  confess  that  I  was  greatly  astonished  to  hear  M. 
de  Martens  say  that  the  moral  authority  of  the 
Court  of  Arbitration  w^ould  be  impaired  by  our 
Article,  and  that  the  sentiment  of  responsibility 
would  disappear  in  the  minds  of  the  arbitrators.  On 
the  contrary,  I  maintain  that  the  moral  authority  of 
the  judgment  will  be  enhanced  by  the  fact  that  there 
is  in  existence  a  provision  for  correcting  errors,  of 


THE   ARBITRATION    TREATY  297 

which  the  losing  pcarty  may  take  advantage,  during  a  chapter  v 
term  which  should  not  be  too  long,  and  that  at  the  end 
of  that  term  the  civilized  world  ought  to  admit,  and 
surely  will  admit,  that  substantial  justice  has  been 
done  between  the  two  parties.  Furthermore,  the  re- 
sponsibility of  the  arbitrators  is  enhanced  rather  than 
diminished  by  their  power  and  their  duty  to  recon- 
vene again  upon  their  own  judgment  in  a  proper  case. 
It  seems  to  me  that  M.  de  Martens  most  assuredly 
made  a  mistake  in  saying  that  tradition  and  the 
force  of  precedent  is  opposed  to  a  rehearing  in  cases 
of  arbitration.  I  must  admit  that  in  all  the  treaties 
of  arbitration  for  special  cases  up  to  this  time,  there 
has  not  been  a  provision  for  a  rehearing,  and  in  the 
particular  special  treaties  of  the  futiu^e  there  will  no 
longer  be  any  necessity  for  it.  The  reason  for  this 
is  that  the  entire  idea  of  arbitration  is  relatively  new, 
and  that  it  has  hitherto  been  considered  only  as  a 
temporary  method  of  settling  controversies  as  they 
arose.  The  only  general  treaty  of  arbitration  which 
has  been  ratified,  and  which  is  to-day  in  force,  is  that 
concluded  between  the  Kingdom  of  Italy  and  the 
Argentine  Republic.  This  provides  for  a  rehearing, 
showing  the  tendency  of  public  opinion  and  also 
of  the  most  competent  opinion  of  experts  in  inter- 
national law. 

"  But,  as  I  have  already  said,  our  duty  in  this  Con- 
ference is  not  to  legislate  for  particular  cases,  but  to 
uphold  an  ideal,  to  declare  to  the  world  that  w^hich 
the  representatives  of  all  the  civilized  nations  con- 
sider desirable  and  practically  attainable.     We  can- 


2!)8      Till-:    PEACE    CONEERENCE   AT    'I'llh:    ll.\(;rE 


Chapter  V 


Speech  of 
Chevalier 
Descamps. 


not  possibly  put  professional  regularity  or  pedantic 
rules  of  procedure  above  the  attainment  of  substan- 
tial justice.  We  have  succeeded,  after  much  labor 
and  by  reason  of  nuitual  concessions,  in  elaborating 
a  project  for  the  peacea1)le  settlement  of  interna- 
tional conflicts.  It  is  of  the  last  importance  that 
this  project  should  contain,  however  simply,  at  least 
all  essential  features  guaranteeing  in  the  greatest 
possible  measure  international  justice. 

"  The  representatives  of  the  United  States  of 
America  considering  this  Article,  or  some  other 
provision  equally  efficacious  to  rectify  manifest 
errors,  as  an  essential  part  of  an  acceptable  project, 
would  have  to  ask  for  new  instructions  from  their 
Government,  giving  them  power  to  join  their  col- 
leagues of  the  Conference  in  any  plan  which  should 
not  contain  a  similar  provision.  It  is  for  this  reason 
that  they  make  a  most  warm  and  urgent  appeal  to 
the  Committee  to  leave  intact  the  principle  expressed 
in  the  Article  proposed  in  the  name  of  the  Govern- 
ment of  the  United  States." 

Chevalier  Descamps  said  that  he  had  listened  with 
great  attention  to  the  two  arguments  upon  the  sub- 
ject of  a  rehearing.  That  which,  according  to  his 
idea,  constituted  the  difficulty  of  the  subject  was  the 
conflict  of  two  principles,  equally  just,  which  either 
side  had  put  forth.  It  was  right  that  justice  should 
be  done ;  therefore,  how  was  it  possible  to  accept  the 
establishment  of  an  evident  error  ?  It  was  also  right 
that  controversies  between  nations  should  not  be 
allowed  to  so  on  indefinitelv.     How  could  this  result 


THE   ARBITRATION   TREATY  299 

be  attained  and  still  leave  open  the  door  for  a  new  Chapter  v 
judgment  ? 

The  defenders  of  the  rehearing,  according  to  him, 
had  the  side  which  was  the  more  noble  and  beauti- 
ful. Their  ideal  of  justice  was  perhaps  somewhat 
higher  than  that  of  their  adversaries,  but  these  again 
are  struck  by  the  fallibility  of  all  human  justice,  and 
believe  that  for  the  redressing  of  exceptional  errors 
it  was  not  right  to  compromise  the  force  and  stabil- 
ity of  the  judicial  system.  Was  it  not  to  be  feared 
that  solicitude  for  a  few  very  rare  cases  might  en- 
danger the  entire  principle  ? 

The  partisans  of  a  rehearing,  according  to  him, 
did  not  put  the  question  of  a  rehearing  in  its  proper 
position.  In  general  rules  for  all  controversies  of  all 
States,  was  it  right  to  formulate  a  principle  at  the 
risk  of  impairing  the  entire  institution  of  arbitration? 
It  seemed  to  him  more  natural  to  put  into  an  inter- 
national code  nothing  but  principles  which  should 
consolidate  the  institution.  Contracting  parties  who 
are  impressed  from  the  point  of  view  of  justice,  with 
scruples  like  those  of  the  United  States,  should  fore- 
see the  case  and  provide  for  a  rehearing  in  a  special 
agreement.  To  have  no  rehearing  was  more  in  con- 
formance with  the  efficiency  of  arbitration,  so  that 
this  should  Ijc  the  rule,  and  a  rehearing  the  excep- 
tion. We  should  be  doing  a  poor  service  to  the 
Governments  in  permitting  a  rehearing  as  the  general 
rule.  The  Governments  would  risk  being  no  longer 
their  own  masters,  they  would  be  forced  and  every 
one  would  try  to  have    them    invent    new  facts    to 


;j(»() 


TIIK   PEACE    CONFERENCE   AT   THE  HAGUE 


Chapter  V 


Reply  of  M. 
de  Martens. 


begin  an  unsuccessful  arbitral  litigation  over  again. 
M.  Descamps,  therefore,  thought  it  was  dangerous  and 
difficult  to  introduce  a  provision  like  Article  55  into 
a  general  code  of  arbitral  procedure.  He  hoped  that 
even  the  form  which  was  proposed  by  M.  Asser  would 
not  be  admitted,  for  he  was  formally  opposed  to  the 
principle.  At  the  same  time,  for  the  sake  of  making 
a  unanimous  decision,  he  would  join  in  supporting 
the  proposition  of  M.  Asser  in  a  spirit  of  conciliation. 
M.  de  Martens  wished  to  ask  some  questions. 
What  -would  ])e  the  position  of  the  arbitrators  dur- 
ing the  delay  of  suspension  of  three  or  six  months  ? 
If  the  Government  which  had  not  gained  its  cause 
was  impelled  and  forced  by  public  opinion  to  try  to 
find  a  new  fact  in  order  to  begin  the  procedure  over 
again,  where  would  it  find  arljitrators  ?  The  mem- 
bers of  the  arbitral  triljunal  will  l)e  dispersed ;  they 
may  be  absent,  ill,  or  dead.  What  should  be  done 
then  ?  It  was  necessary  to  distinguish  clearly  two 
points  of  view.  From  the  point  of  view  of  the  law- 
yer it  was  not  doubtful  that  one  ought  to  provide 
for  a  rehearing  and  even  an  appeal.  But  from  the 
point  of  view  of  the  practical  man,  it  is  the  love  of 
peace  which  is  the  most  important.  In  order  to  save 
that,  it  was  necessary  to  cut  short  all  controversies 
by  a  radical  means.  The  pacification  of  the  two  liti- 
gating peoples  was  a  result  so  important,  in  the  eyes 
of  the  lover  of  peace,  that  he  would  not  wish  to 
risk  compromising  or  impairing  it  in  order  to  pro- 
tect some  material  interest,  which  might  possibly  be 
injured. 


THE   ARBITRATION  TREATY  301 

This  last  point  of  view  seemed  to  bini  the  most  chapter  v 
necessary  and  the  most  important,  and  therefore  he 
asked  that  the  Committee  should  pronounce  against 
Article  55. 

Mr.  Seth  Low  spoke  as  follows  :  "  In  the  organiza- Speech  of  Mr. 
tion  of  ordinary  justice  in  almost  all  the  countries 
represented  here,  if  not  in  all,  a  recourse  for  the  pur- 
pose of  rectifying  errors  has  been  provided.  This 
precaution  has  been  taken  because  experience  has 
shown  that  such  recourse,  or  rehearing,  or  revision 
increase  the  chances  of  doing  substantial  justice 
between  men.  I  know  that  our  international  arbi- 
tration is  not  like  the  questions  of  ordinary  justice. 
It  does  imply,  as  M.  de  Martens  has  said,  the  idea 
of  ending  international  controversies  in  the  interest 
of  peace,  even  if  the  solution  may  be  imperfect.  But 
tlie  necessities  of  excepting  in  such  a  large  measure 
this  imperfection  is  precisely  the  weakness,  and  not 
tlie  strength  of  arbitration.  I  recognize,  as  some  one 
has  said,  that  all  arbitration  which  has  occurred  up 
to  this  time  has  been  in  virtue  of  an  agreement  that 
has  not  foreseen  or  provided  for  a  rehearing.  But, 
on  the  other  hand,  the  Conference  will  remember 
that  in  the  only  two  treaties  which  contain  a  clause 
for  permanent  arbitration  —  the  Italian-Argentine 
Treaty,  to  which  reference  has  already  been  made, 
and  the  Anglo-American  Treaty,  which  was  not  rati- 
fied —  a  provision  was  inserted  for  the  purpose  of 
permitting  a  rehearing  under  certain  determined 
conditions.  This  signifies,  as  I  suppose,  that  a  S3^s- 
tem  of  permanent  arbitration  as  distinct  from  special 


;3(»2     THE   PEACE    CONFERENCE   AT    THE    HAGUE 

Chapter  V  arbitration  in  isolated  cases,  necessarily  implies  the 
idea  of  making  justice  just  as  perfect  as  possible,  and 
that  this  idea  should  be  balanced  with  the  desire  of 
terminating  the  controversy.  I  have  conlidence  and 
hope  that  this  Conference  will  receive  and  adopt  the 
idea  of  a  rehearing  with  the  necessary  precaution, 
for  it  is  certain  that  arbitral  procedure  should  admit 
the  possibility  of  error,  if  the  great  number  of  judg- 
ments of  arbitration  are  to  develop  in  the  future  into 
one  grand  system  of  international  justice." 

Remarks  of  M.  Asscr  recalled  the  words  of  one  of  the  preced- 
ing speakers,  to  wit :  radical  measures  are  the  best. 
This,  he  said,  might  be  in  a  parliament  where  the 
majority  made  the  law,  but  in  an  assembly  like  this, 
wdiich  might  be  called  an  international  parliament 
of  man,  it  was  necessary  to  endeavor  to  find  a  point 
of  accommodation.  This  w^as  the  end  and  object  of 
his  proposition.  He  had  taken  account  of  the  rea- 
sons which  had  been  advanced  on  both  sides.  The 
friends  of  a  rehearing  would  have  the  satisfaction  of 
seeing  an  article  which  determined  the  procedure  of 
a  rehearing,  and  which  recognized  it  as  a  practical 
method,  and  recommended  it  to  all  States.  The 
opponents  of  rehearing  would  also  be  satisfied  by  the 
exclusion  of  the  provision  unless  there  is  a  special 
agreement  in  the  arbitration  agreement  on  the  subject. 
If  the  latter  contains  nothing  on  the  subject,  then  the 
arbitral  judgment  and  award  will  be  irrevocable. 

Adoption  of        M.   Asser's  proposition  was  then   adopted  unani- 

tioi/."^"^"^'"  mously,  both  the  United  States  and  Russia  acqui- 
escing most  cordially. 


THE   AIUUTRAT/ON   TREATY  303 

This  debate  has   been    inserted   here  not  only  on  Chapter  v 
account  of  the  light  which  it  throws  n})on  the  Article, 
but  also  as  a  very  fair  sample  of  the  kind  of  debate  An  example 
which  took  place  throughout  the  entire  Conference, " 
in  the  Committee.     Most  unfortunately,  and  yet  for 
obvious  reasons,  a  full  stenographic  report  was  a])so- 
lutely   impossible.      It   must    be    adniitted   that  the 
decision  of  the  Conference  in  adopting  the  Article  as 
it  stands  was  the  wisest  possible  solution  of  a  ques- 
tion which,  as  the  debate  showed,  was  by  no  means 
free  from  difficulties. 

Article  50.    The  award  shall  be  obligatory  only  joinder  c.f 
upon  the  parties  who  have  concluded  the  arbitration  °^'^?,''V"-^*''"^ 

-rT7i  ,  .  .  -.      ,         .  in  the  litiga- 

agreement.  VVlien  tliere  is  a  question  ot  the  inter- tion. 
pretation  of  an  agreement  entered  into  by  other 
Powers  besides  the  parties  in  litigation,  the  parties 
to  the  dispute  shall  notify  the  other  Powers  which 
have  signed  the  agreement,  of  the  special  agreement 
which  they  have  concluded.  Each  one  of  these 
Powers  shall  have  the  right  to  take  part  in  the  pro- 
ceedings. If  one  or  more  among  them  avail  them- 
selves of  this  permission,  the  interpretation  in  the 
judgment  becomes  obligatory  upon  them  also. 

Article  57.    Each  party  shall   bear  its  own  ex- Expenses, 
penses  and   an  equal   part  of    the   expenses   of  the 
tribunal. 

The  term  ''  expenses  of  the  tribunal "  is  here 
understood  to  include  the  pay  of  the  arbitrators 
themselves.  There  are  other  expenses  which  can 
only  be  determined  in  each  case  by  the  tribunal 
itself.     In  others  again  the  administrative  council  at 


304      THE  PEACE   CONEERENCE   AT   THE   HAGUE 

Chapter  V  The  Ilaguo  may  adopt,  if  necessary,  a  tariff  and  all 
parties  will  be  bound  thereby. 

Ratification.  ARTICLE  58.  The  present  convention  shall  be  rati- 
fied with  as  little  delay  as  possible.  The  ratifica- 
tions shall  be  deposited  at  The  Hague.  An  ofhcial 
report  of  each  ratification  shall  be  made,  a  certified 
copy  of  wdiich  shall  be  sent  through  diplomatic 
channels  to  all  the  Powers  re  resented  in  the  Peace 
Conference  at  The  Hao^ue. 

Adiierence  by  ARTICLE  59.  The  Powcrs  wliicli  wcrc  represented 
rem-esented  ^^  ^^^^  International  Peace  Conference  but  which 
attheCou-  liavc  uot  signed  this  convention  may  become  parties 
terence.         ^^  -^^     ^^^  ^j^^^  purposc   they  will  make  known  to 

the  Contracting  Powers  their  adherence  by  means  of 
a  written  notification  addressed  to  all  the  other  Con- 
tracting: Powers. 


'& 


Adherence  by        ARTICLE  60.     TllC    COuditioUS    Uudcr    wllich    PoWCrS 

other  Po^vers.  ^^^  represented  in  the  International  Peace  Confer- 
ence may  become  adherents  to  the  present  conven- 
tion shall  be  determined  hereafter  by  agreement 
between  the  Contracting  Powers. 

This  Article  gave  rise  to  serious  and  at  times  spir- 
ited debate  in  the  Committee  on  the  Final  Act,  to 
which  reference  will  be  made  hereafter. 

As  the  Article  stands,  the  unanimous  assent  of 
all  the  signatory  Powers  is  necessary,  either  to  the 
adhesion  of  any  non-signatory  Power  or  to  the  mak- 
ing of  an  agreement  regarding  all  non-signatory 
Powers  and  their  future  adherence. 

Withdrawal.  ARTICLE  61.  If  One  of  the  High  Contracting  Par- 
ties shall  give  notice  of  a  determination  to  withdraw 


THE   ARBITRATION   TREATY  305 

from  the  present  convention,  this  notification  shall  chapter  v 
have  its  effect  only  after  it  has  been  made  in  writing 
to  the  Government  of  The  Netherlands  and  com- 
municated by  it  immediately  to  all  the  other  Con- 
tracting Powers.  This  notification  sliall  have  no 
effect  except  for  the  Power  which  has  made  it. 

This  treaty  was  signed  on  July  29  by  the  repre- signatures 
sentatives  of  sixteen  Powers;  namely,  Belgium,  Den-tions.' 
mark,  Spain,  the  United  States  of  America,  the  United 
States  of  Mexico,  France,  Greece,  Montenegro,  the 
Netherlands,  Persia,  Portugal,  Roumania,  Russia, 
Siam,  Sweden  and  Norway,  and  Bulgaria.  It  has 
since  been  signed  and  ratified  by  all  the  Powers  rep- 
resented at  the  Peace  Conference.  The  United  States 
Senate,  on  February  5,  1900,  ratified  it  unanimously. 

On  September  4,  1900,  the  solemn  deposit  of  the  Deposit  of 
ratifications  took  place  in  the  Netherlands  Ministry 
of  Foreign  Affairs  at  The  Hague,  and  the  first  steps 
toward  the  organization  of  the  Court  Avere  taken. 

At  that  time  the  Russian  members  of  the  Inter- First  appoint- 
national  Court  of  Arbitration  had  been  announced,  court, 
comprising  M.  de  Martens,  Count  Mouravieff,  Minis- 
ter of  Justice  and  brother  of  the  late  Minister  of 
Foreign  Affairs  who  signed  the  call  for  the  Con- 
ference, M.  Fritsch,  President  of  the  Senate,  and  M. 
Pobyedonoszeff,  Procureur-General  of  the  Holy  Synod. 

It  was  also  announced  that  President  McKinley 
had  appointed  Ex-Presidents  Benjamin  Harrison  and 
Grover  Cleveland  as  two  of  the  American  members 
of  the  Court ;  the  latter  however  declined,  while  the 
former  accepted  the  appointment. 


CHAPTER   VI 

tup:  immunity  of  private  property  on  the 
high  seas 

The  policy  TiiE  Government  of  the  United  States  of  America 

of  the  United  ic  i  ,t,i  ,•  en 

States.  has  lor  many  years  advocated  the  exemption  or  all 

private  property,  not  contraband  of  war,  from  captnre 
on  the  high  seas.  Considering  that  the  chief  reason 
for  the  calling  of  the  Peace  Conference  was  the 
burden  and  cruel  waste  of  war,  which  nowhere 
.  affects  innocent  private  persons  more  severely  or 
unjustly  than  in  the  damage  done  to  peaceable  trade 
and  commerce,  especially  at  sea,  the  American  Gov- 
ernment considered  that  the  question  of  exempting 
private  property  from  destruction  or  capture  on  the 
high  seas  was  evidently  a  most  proper  one  for  con- 
sideration.^ Accordingly,  the  American  representa- 
tives were  authorized  to  propose  to  the  Conference 
the  principle  of  extending  to  strictly  private  property 
at  sea  the  immunity  from  destruction  or  capture  by 
belligerent  Powers  which  such  property  already  enjoys 
on  land,  as  worthy  of  being  incorporated  into  the 
permanent  law  of  civilized  nations. 

^  A  compilation  of  expressions  of  opinion  on  the  subject  on  tlie 
part  of  public  men  and  the  press  in  the  United  States,  edited  by 
Charles  Henry  Butler,  Esq.,  was  printed  by  the  Department  of  State 
in  pamphlet  form,  and  a  copy  was  sent  to  each  member  of  the  Con- 
ference. 

306 


PRIVATE   I'ROI'KirrV   ON    THE    IIKIH    SEAS       :](l7 

An  informal  inquiry,  made  in  the  early  claj's   of  chapter  vi 
the  Conference,  soon  convinced  the  American  Com-i^ifficuitiesin 

,  .  Ill  •  •11  ^^^  wav. 

missioners  that  it  would  be  impossible  to  secure 
unanimity  upon  this  question.  It  was  even  con- 
tended tliat  the  subject  itself  was  not  germane  to 
the  discussions,  as  it  had  not  been  expressly  men- 
tioned in  the  circular  of  Count  Mouravieft"  of 
December  30,  1898.  This  contention  was  vigor- 
ously combated  hy  tlie  American  representatives  in 
private  discussions  with  other  delegates,  and  finally 
the  following  communication  w^as  addressed  to  the 
President  of  the  Conference  :  — 

"  June  20,  1899.       Memorial  of 
the  American 

"To  His  Excellency,  M.  de  Staal,  Ambassador, commission, 
etc.,  etc.,  President  of  the  Peace  Conference. 

'^' Excellency, — In  accordance  with  instructions  from 
their  Government,  the  Delegation  of  the  United  States 
desire  to  present  to  the  Peace  Conference,  through 
Your  Excellency  as  its  President,  a  proposal  regarding 
the  immunity  from  seizure  on  the  high,  seas,  in  time 
of  war,  of  all  private  property  except  contraband. 

"  It  is  proper  to  remind  Your  Excellency,  as  well 
as  the  Conference,  that  in  presenting  this  subject  we 
are  acting  not  only  in  obedience  to  instructions  from 
the  present  Government  of  the  United  States  Init 
also  in  conformity  with  a  policy  urged  by  our  coun- 
try upon  the  various  Powers  at  all  suitable  times  for 
more  than  a  century. 

"  In  the  Treaty  made  between  the  United  States 
and  Prussia  in  1785  occurs  the  following  clause :  — 


308      THE   PEACE    COXFEREXCE    AT    THE    HAGUE 

Chapter  VI  "  '  Tous  Igs  vaisseaiix  marcliands  et  commerQants, 
Memorial  ()f  eiiiplojees  Ti  I'ecliange  des  productions  de  dilferents 
Commission,  enduoits,  ct,  par  consequent,  destines  a,  faciliter  et  a, 
repandre  les  necessites,  les  commodites  et  les  douceurs 
de  la  vie,  passeront  librement  et  sans  etre  molestes. 
.  .  .  Et  les  deux  Puissances  contractantes  s'eng;ao;ent 
a  n'accorder  aucunes  commissions  a  des  vaisseaux 
assures  en  course,  qui  les  autorisent  Ti  prendre  ou  a 
detruire  ces  sortes  de  vaisseaux  marcliands  ou  a  in- 
terrorapre  le  commerce.'     (Art.  23.) 

"In  1823  Mr.  Monroe,  President  of  the  United 
States,  after  discussing  the  rights  and  duties  of 
neutrals,  submitted  the  following  proposition :  — 

"•'Aucune  des  parties  contractantes  n'autorisera 
des  vaisseaux  de  guerre  a  capturer  ou  a  detruire  les 
dits  navires  (de  commerce  et  de  transport),  ni  n'ac- 
cordera  ou  ne  publiera  aucune  commission  a  aucun 
vaisseau  de  particuliers  arme  en  course  pour  lui 
donner  le  droit  de  saisir  ou  detruire  les  navires  de 
transport  ou  d'interrompre  leur  commerce.' 

"  In  1854  Mr.  Pierce,  then  President,  in  a  message 
to  the  Congress  of  the  United  States,  again  made  a 
similar  proposal. 

"In  1856,  at  the  Conference  of  Paris,  in  response 
to  the  proposal  by  the  greater  European  Powers  to 
abolish  privateering,  the  Government  of  the  United 
States  answered,  expressing  its  willingness  to  do  so, 
provided  that  all  property  of  private  individuals  not 
contraband  of  war,  on  sea  as  already  on  land,  should 
be  exempted  from  seizure. 

"  In   1858,  under  the   administration   of   Mr.  Bu- 


PRTVATE   PllOPERTY   ON   THE   HIGH   SEAS       ;'.()!) 

chanan,  then  President,  a  Treaty  made  between  the  Chapter  vi 
United  States  and  IJolivia  contemplated  a  later  agree- 
ment to   relinquish  the   right   of   capturing    private 
property  upon  the  higli  seas. 

"In  1871,  in  her  Treaty  witli  Italy,  the  United 
States  again  showed  adhesion  to  the  same  policy. 
Article  12  runs  as  follows  :  — 

" '  The  High  Contracting  Parties  agree  that,  in 
the  unfortunate  event  of  a  war  between  them,  the 
private  property  of  their  respective  citizens  and  sub- 
jects, with  the  exception  of  contraband  of  war,  shall 
be  exemj)t  from  capture  or  seizure,  on  the  high  seas 
or  elsewhere,  by  the  armed  vessels  or  by  the  military 
forces  of  either  party ;  it  being  understood  that  this 
exemption  shall  not  extend  to  vessels  and  their  car- 
goes which  may  attempt  to  enter  a  port  blockaded 
by  the  naval  forces  of  either  party.' 

"  It  may  be  here  mentioned  that  various  Powers 
represented  at  this  Conference  have  at  times  indi- 
cated to  the  United  States  a  willingness,  under  cer- 
tain conditions,  to  enter  into  arrangements  for  the 
exemption  of  private  property  from  seizure  on  the 
high  seas. 

"  It  ought  also  to  be  here  mentioned  that  tlie  doc- 
trine of  the  Treaty  of  1871  between  Italy  and  the 
United  States  had  previously  been  asserted  in  the 
Code  of  the  Italian  Merchant  Navy  as  follows  :  — 

" '  La  capture  et  la  prise  des  navires  marchands 
d'un  Etat  ennemi  par  les  navires  de  guerre  seront 
abolies  par  voie  de  reciprocite  a  I'egard  des  Etats  qui 
adoptent  la  meme  mesure  envers  la  marine  marchande 


;U0     THE   PEACE    CONFERENCE   AT    THE    HAGUE 

Chapter  VI     italieniie.       Lea    reciprocite    devra    resulter    cle    lois 
Memorial  of    loccxlcs,  cle  convGiitioiis  cliplomatiques,  on  de  declara- 

the  Anierifiui     ...  .,  . 

Commission,  tioiis  laitcs  par  1  0111161111  avaiit  le  coiiiiiieiiceiueiit  de 
la  guerre.'     (Art.  211.) 

"  And  in  the  correspondence  with  Mr.  Middleton, 
the  Representative  of  the  United  States  at  the  Rus- 
sian Court,  Count  Nesselrode,  so  eminent  in  the 
service  of  Russia,  said  that  the  Emperor  sympathized 
with  the  opinions  and  wishes  of  the  United  States, 
and  that,  '  as  soon  as  the  Powers  whose  consent  he 
considers  as  indispensable  shall  have  shown  the  same 
disposition,  he  will  not  be  wanting  in  authorizing 
his  ministers  to  discuss  the  different  articles  of  an 
act  which  will  be  a  crown  of  glory  to  modern 
diplomacy.' 

"  In  this  rapid  survey  of  the  course  which  the 
United  States  have  pursued  during  more  than  a 
century.  Your  Excellency  will  note  abundant  illustra- 
tion of  the  fact  above  stated  —  namely,  that  the 
instructions  under  which  we  now  act  do  not  result 
from  the  adoption  of  any  new  policy  by  our  Govern- 
ment, or  from  any  sudden  impulse  of  our  people,  but 
that  they  are  given  us  in  continuance  of  a  policy 
adopted  by  the  United  States  in  the  first  days  of  its 
existence  and  earnestly  urged  ever  since. 

"  Your  Excellency  will  also  remember  that  this 
policy  has  been  looked  upon  as  worthy  of  discussion 
in  connection  with  better  provisions  for  international 
peace,  not  only  by  eminent  statesmen  and  diploma- 
tists in  the  active  service  of  various  great  nations, 
but  that  it  has  also  the  approval  of   such   eminent 


PRIVATE  PROPERTY  ON   THE   HIGH  SEAS      311 

recent  authorities  in  international  law  as  Bluntschli,  Chapter  vi 
Pierantoni,  De  Martens,  Bernard,  Masse,  De   Lave- 
leye,  Nys,  Calvo,  Maine,  Hall,  Woolsey,  Field,  Amos, 
and  many  others. 

"  We  may  also  recall  to  your  attention  that  the 
Institute  of  International  Law  has  twice  pronounced 
in  its  favor. 

"  The  proposition  which  we  are  instructed  to  pre- 
sent may  be  formulated  as  follows  :  — 

"'The  private  property  of  all  citizens  or  subjects  Text  of  the 
of  the  signatory  Powers,  with  the  exception  of  contra- ar'tkie^ 
band  of  war,  shall  be  exempt  from  capture  or  seizure 
on  the  high  seas  or  eLsewhere  by  the  armed  vessels 
or  by  the  military  forces  of  any  of  the  said  signatory 
Powers.  But  nothing  herein  contained  shall  extend 
exemption  from  seizure  to  vessels  and  their  cargoes 
which  may  attempt  to  enter  a  port  blockaded  by  the 
naval  forces  of  any  of  the  said  Powers. 

"  '  La  propriete  privee  de  tons  les  citoyens  ou  sujets 
des  Puissances  signataires,  a  I'exception  de  la  contra- 
bande  de  guerre,  sera  exempte  en  pleine  mer  ou  autre 
part  de  capture  ou  de  saisie  par  les  navires  amies  ou 
par  les  forces  militaires  des  dites  Puissances.  Toute- 
fois  cette  disposition  n'implique  aucunement  I'inviola- 
l)ilite  des  navires  qui  tenteraient  d'entrer  dans  un 
port  bloque  par  les  forces  navales  des  susdites  Puis- 
sances, ni  des  cargaisons  des  dits  navires.' 

"  As  regards  the  submission  of  this  question  to  the 
Conference  at  this  time,  we  most  respectfully  present 
the  following  additional  observations. 

"  At  the  second  session  of  the  Conference  held  on 


;512     THE   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  VI     the  UOtli  of  May,  it  was  decided  in  connection  with 
Text  of  the     the  establishment  of  the  three  Commissions  to  which 
artkie?         WBre  referred  the  varions  articles  of  the  Russian  cir- 
cular of  December  30,  1898/January  11,  1899,  as 
follows :  — 

" '  11  est  entendu  qu'en  dehors  des  points  men- 
tionnes  ci-dessus,  la  Conference  ne  se  considere  comma 
competente  pour  I'examen  d'aucune  autre  question. 
En  cas  de  doute  la  Conference  aurait  a,  decider  si 
telle  ou  telle  proposition  emise  dans  les  commissions 
rentrerait  ou  non  dans  le  cadre  trace  par  ces  points.' 
"  The  fact  that  we  have  received  the  instructions 
herein  referred  to,  from  the  President  of  the  United 
States,  shows  that  the  scope  of  the  Conference  was 
believed  by  our  Government  to  be  wide  enough  to 
include  this  question. 

"  The  invitation  from  the  Government  of  the 
Netherlands  in  response  to  which  we  are  here  invites 
us  as  follows,  '  afin  de  discuter  les  questions  exposees 
dans  la  seconde  circulaire  russe  du  30  decembre 
1898/11  Janvier  1899,  ahisi  que  toutes  autres  ques- 
tions se  rattachant  aux  idees  emises  dans  la  circulaire 
du  12/24  aout  1898;  avec  exclusion,  toutefois,  des 
deliberations  de  tout  ce  qui  touche  aux  rapports 
politiques  des  Etats  ou  a  I'ordre  de  choses  etabli  par 
les  traites.' 

"  We  respectfully  submit  that  a  rule  of  war  relat- 
ing to  the  amelioration  of  its  hardships  as  practised 
upon  the  sea  attaches  as  fairlj^  to  the  ideas  put  forth 
in  the  Russian  circular  of  August  12/24,  1898,  as 
the  stipulations   of  the   Geneva  Convention  or  the 


PRIVATE   PROPERTY  OX   THE   HIGH  SEAS      313 

Rules  of  War  relating  to  operations  on  land  of  the  Chapter  vi 
Brussels  Conference  of  1874.  If  the  Russian  circu- 
lar of  December  30,  1898/January  11,  1899,  did  not 
specifically  mention  this  question,  the  Government 
of  the  United  States  has  assumed  that  it  was  be- 
cause the  Russian  Government  wished  the  Confer- 
ence to  decide  for  itself  whether  the  question  should 
be  discussed. 

"  It  would  certainly  appear  from  the  foregoing 
statements  that  there  is  here  at  least  a  case  of  doubt 
calling  for  submission  to  the  Conference  as  is  con- 
templated in  the  resolution  adopted  by  the  Confer- 
ence on  the  29th  of  Ma}^,  and  in  view  of  this  fact 
the  Delegation  of  the  United  States  of  America 
respectfully  request  that  the  matter  be  submitted  by 
Your  Excellency  to  the  proper  Commission  or  to  the 
Conference  itself,  that  it  may  be  decided  whether 
our  proposal  is  among  those  which  should  now  be 
considered. 

"  In  submitting  this  request  allow  us  to  present 
to  Your  Excellency  the  assurance  of  our  most  distin- 
guished consideration. 

'^  Andrew  D.  White,  President. 

"  Setii  Loav. 

"  Stanford  Newel. 

"A.  T.  Mahan. 

"  William  Crozier. 

"  Frederick  W.  Holls,  Secretary.'* 

This  letter  was  referred  by  the  President  to  the 
Second  Committee,  and  at  the  meeting  of   the  full 


;514     THE   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  VI  Coiifereiice  on  July  5,  M.  cle  Martens  of  Russia,  in 
Speech  of  M.  a  speecli  in  which  he  paid  a  hearty  tribute  to  the  his- 
toric adherence  of  the  United  States  to  the  great 
principle  concerned,  reported  from  this  Committee 
that  the  Committee  did  not  consider  itself  competent 
to  discuss  the  subject,  and  that  it  was  therefore  not 
ready  to  consider  the  question  upon  its  intrinsic 
merits,  but  that  it  had  instructed  him  to  report  in 
favor  of  a  resolution,  to  be  adopted  by  the  Conference, 
expressing  the  hope  that  the  whole  subject  would  be 
included  in  the  programme  of  a  future  Conference. 

Ambassador  White,  the  President  of  the  American 
Commission,  thereupon  made  the  following  speecli :  — 
Speech  of  "  Mk.  PRESIDENT:  —  The  Memorial  whicli  I  liavB 

white!^^  ^^  had  the  honor  of  presenting  to  the  Conference  shows 
that  for  more  than  a  century  the  Government  of  the 
United  States  has  steadily  and  earnestly  endeavored 
to  secure  the  adoption  of  the  principle  therein  ad- 
vocated, namely  :  the  principle  of  immunity  from 
seizure  in  time  of  war  of  all  private  property,  except 
contraband. 

"  In  heartily  responding  to  the  appeal  of  His 
Majesty,  the  Emperor  of  Russia,  and  to  the  invita- 
tion of  the  Government  of  the  Netherlands  to  take 
part  in  this  Conference,  my  Government  desired  not 
only  to  give  its  support  to  the  main  purposes  announced 
in  the  Imperial  Circular,  but  to  place  this  principle 
once  more  before  the  world,  in  the  hope  that  it  might 
be  definitely  incorporated  into  International  Law. 

"  The  Commission  have  found  several  of  the  dele- 
gations ready  to  accept   this   proposal,   and   sundry 


PRIVATE   PROPERTY   OX    THE   II Kill   SEAS       iJlo 

others  whose  opinions  evidently   incline   toward   its  Chapter  vi 
adoption,  but  Ave  have  not  succeeded  in  securing  a 
support  sufficiently  unanimous  to  justify  us  in  press- 
ing the  matter  further  during  the  present  Conference. 

"  The  doubt  generally  entertained  as  to  the  com- 
petence of  the  Conference  in  relation  to  this  question, 
—  a  doubt  based  upon  the  terms  of  the  invitation 
which  has  brought  us  together,  —  the  fact  that  the 
delegates  of  various  great  Powers  have  not  been  fur- 
nished with  special  instructions  bearing  upon  this 
subject,  and,  above  all,  the  necessity  wiiich  the  Con- 
ference evidently  feels  of  giving  all  possible  time  to 
those  great  questions  which,  at  present,  more  directly 
interest  the  nations,  —  all  these  circumstances  make 
it  evident  that  we  cannot  expect  of  this  body  at  its 
present  session  a  positive  and  final  action  regarding 
this  subject. 

"But,  though  we  are  obliged,  with  sincere  regret, 
to  recognize  this  fact,  our  instructions  impose  upon 
us  the  duty  to  do  all  that  lies  in  our  power  to  the 
end  that  this  great  question  may  not  be  forgotten, 
but  remain  impressed  upon  the  nations  here  repre- 
sented. 

''  We  have  not  given  up  the  hope  of  seeing  it  reach 
a  happy  solution.  Nothing  is  more  evident  than  the 
fact  that  eminent  thinkers  in  the  domain  of  Inter- 
national Law  are  more  and  more  inclining  to  the 
doctrine  Avhicli  our  Memorial  advocates.  More  and 
more,  also,  it  is  becoming  clear  to  the  world  at  large, 
that  the  adoption  of  this  principle  is  in  the  interest 
of  all  nations,  and  it  is  also  more  and  more  distinctlv 


310      rilE  PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  VI  secn  that  every  obligation  to  abstain  from  privateer- 
Speechof  ing  is  vain,  save  under  the  broad  principle  that  all 
White.  private  property  upon  the  high  seas,  with  the  excep- 

tion of  contraband  of  war,  should  be  exempt  from 
seizure ;  that  the  two  methods  of  injuring  an  enemy 
in  time  of  war  are  logically  connected  —  that  to 
secure  the  abolition  of  one  it  is  necessary  to  concede 
the  other.  Your  eminent  predecessor  in  the  repre- 
sentation of  the  Russian  Empire  at  a  conference  of 
great  Powers,  Count  Nesselrode,  expressed  not  only 
the  profound  conviction  of  a  statesman  and  diplo- 
matist but  a  great  truth  which  is  steadily  gaining 
upon  the  world  when  he  said,  *'  The  adoption  of  the 
declaration  in  favor  of  this  immunity  which  the 
United  States  has  proposed,  and  wdiich  it  steadily 
supports,  would  be  a  crown  of  glory  to  modern 
diplomac}'.' 

"  I  am  aware  that  an  opposing  argument  has  been 
used  which,  at  first  view,  would  seem  to  have  con- 
side  ralile  force,  namely :  that  even  if  immunity  be 
granted  to  private  property,  in  so  far  as  it  is  not 
contraband  of  w^ar,  a  new  cpiestion  more  intricate 
would  immediately  arise,  namely :  that  of  defining 
wdiat  is  to  be  understood  to-day  as  contraband  of 
war.  And  we  are  reminded  that,  in  a  recent  war 
between  two  great  Powers,  coal,  breadstuff s,  rice,  and 
even  merchant  ships  were  regarded  as  contraband. 
But  I  certainly  do  not  need  to  tell  such  an  intelligent 
body  as  this,  made  up  of  men  accustomed  to  great 
and  difficult  negotiations,  that  the  difficulties  in  the 
way  of  a  second  step  in  a  matter  of  this  kind  do  not 


PRIVATE   PROPERTY   ON   THE    HIGH   SEAS      :n7 

constitute   an  argument  wliicli    should    prevent  our  Chapter  vi 
taking  the  first  step.     The  wiser  view  would  seem 
to  be  to  take  the  first  step,  and  having  taken  that,  to 
determine  how  we  can  take  the  second. 

"  Nor  can  I  deny  that  efforts  in  behalf  of  the  cause 
which  we  maintain  have  been  weakened  by  some 
injudicious  arguments.  It  must  be  acknowledged 
that  more  harm  tlian  good  has  been  done  by  some  of 
the  arguments  which  liken  private  property  on  the 
sea,  in  all  respects,  to  private  property  on  land,  in 
time  of  war.  But  this  proves  nothing  against  the 
overwhelming  mass  of  arguments  which,  if  this  were 
the  proper  time  and  place  for  their  presentation, 
could  be  cited  in  favor  of  our  proposal.  If  the 
merits  of  the  question  itself  were  under  discussion 
at  this  moment,  if  there  were  not  other  subjects  upon 
which  the  attention  of  the  world  is  concentrated 
and  which  absorb  our  activity,  I  would  call  your 
attention  to  the  immense  losses  to  which  all  nations 
are  exposed  under  the  present  system,  and  to  the  utter 
uselessness  of  these  as  regards  their  influence  on  the 
final  decision  of  great  international  questions.  A 
mere  glance  over  the  history  of  the  Confederate  The  lesson  of 
cruisers  during  the  American  Civil  War  shows  howdvii  wa"!^" 
serious  would  be  the  losses  to  the  Powers  directly 
interested,  and  how  ineffective  the  result  under  the 
present  system.  Only  three  of  the  Confederate 
cruisers  did  any  effective  work ;  their  prizes  amounted 
to  1G9  ships ;  the  premium  of  Insurance  between  the 
United  States  and  Great  Britain  increased  from  30 
shillings  per  ton  to   120   shillings ;    American  mer- 


;n8    THE  peace  conference  at  the  iiacue 

Chapter VI  cliaiit  .ships,  aggregating  nearly  a  million  of  tons, 
Speech  of  were  driven  under  the  British  flag;  and  the  final 
White.  result   was   the   almost    total    disappearance    of   the 

merchant  navy  of  the  United  States.  If  such  a 
result  was  obtained  by  the  operations  of  three  little 
vessels,  far  from  being  of  the  first  class,  and  poorly 
equipped,  what  would  luij^pen  with  the  means  which 
are  to-day  at  the  disposal  of  great  nations  ?  Yet  all 
the  world  knows  that  this  employment  of  privateers, 
and  all  the  enormous  loss  thereby  occasioned,  had 
not  the  slightest  effect  upon  the  termination  or  even 
toward  the  shortenins;  of  the  Civil  War.  If  the  loss 
had  been  ten  times  as  great  they  would  still  have 
contributed  nothing  toward  ending  the  contest.  All 
that  was  immediately  effected  was  simply  the  de- 
struction of  a  great  mass  of  property  belonging  to 
the  most  industrious  and  meritorious  portion  of  our 
population,  resulting  in  the  ruin  of  our  sailors  who 
had  invested  in  their  vessels  all  their  hard-earned 
savings.  The  more  remote  general  effect  was  to 
leave  throughout  our  country  a  general  resentment, 
sure  to  be  the  cause  of  new  wars  between  tlie  United 
States  and  Great  Britain,  had  not  a  wise  treaty  of 
arbitration  removed  it.  The  only  effective  measure 
for  terminating  war  by  the  action  of  a  navy  is  the 
maintenance  of  a  blockade. 

"  In  these  days  transportation  of  merchandise  by 
land  has  so  developed  that  the  interruption  of  such 
transport  by  sea  cannot,  in  general,  contribute 
toward  hastening  the  end  of  the  war,  but  the  effect 
raav  be  so  g;reat  in  the  destruction  of  wealth  accumu- 


PRIVATE   PROPERTY   ON    THE    HI  (ill   SEAS       :)19 

lated  by  liuman  industry,  as  to  require  generations  chapter  vi 
to  repair  the  loss,  and  thus  the  whole  world  is  made 
to  suffer. 

"  Mr.  President  and  Gentlemen  of  the  Conference  :  No  separate 

j_i         A  •  r\    1  i  •  •  i      •       i  1   •  1  interests  on 

the  American  Delegation  is  not,  in  this  matter,  advo- the  part  of 
eating  the  j^articular  interests  of  our  own  country,  yj^t^s!'^^'^ 
We  know  well  that  under  existing  circumstances  if 
war  should  break  out  loetween  two  or  more  European 
Powers,  there  would  immediately  be  an  enormous 
transfer  of  freight  and  vessels  to  neutral  countries, 
and  that  from  this  the  United  States,  as  in  all  proba- 
bility one  of  these  neutral  countries,  would  doubtless 
reap  enormous  pecuniary  advantages.  But  my  Gov- 
ernment lays  no  plans  for  gaining  advantages  of  this 
sort.  Might  I  not  be  permitted  here  to  say  that  a 
characteristic  trait  of  my  fellow  citizens  has  been 
imperfectly  understood  in  Europe.  Europeans  sup- 
pose generally,  that  the  people  of  the  United  States 
are  an  eminently  practical  people.  That  is  true,  but 
it  is  only  half  the  truth.  The  people  of  the  United 
States  are  not  only  devoted  to  practical  aims,  but 
they  are  even  more  devoted  to  ideals.  There  can  be 
no  greater  error  in  considering  the  United  States,  or 
in  dealing  wdth  them,  than  to  suppose  that  American 
citizens  are  guided  solely  by  material  interests.  Our 
own  Civil  War  shows  that,  from  first  to  last,  material 
considerations  were  entirely  subordinate  to  ideal,  and 
that  nearly  a  million  of  lives,  and  almost  ten  thou- 
sand millions  of  dollars,  w^ere  freely  sacrihced  to 
maintain  the  ideal  of  our  union  as  a  Nation,  and 
not  as  a  mere  confederation  of  petty  states. 


320       Till-:   PEACE    CONFERENCE   AT   THE   HAGUE 


Chapter  VI 

Speech  of 

Ambassador 

White. 


'■'■  1  do  not  say  this  boastfully,  but  I  say  it  that 
you  may  know  what  I  mean  when  I  say  that  the 
people  of  the  United  States  are  not  only  a  practical 
people,  but  idealists  as  regards  this  question  of  the 
immunity  of  private  property  on  the  high  seas.  It 
is  not  a  question  of  merely  material  interest  for  us ; 
it  is  a  question  of  right,  of  justice,  of  progress  toward, 
a  better  future  for  the  entire  world,  and  so  my  fellow 
countrymen  feel  it  to  be. 

"  In  the  name,  then,  of  the  Delegation  of  the 
United  States,  I  support  the  motion  to  refer  the 
whole  question  to  a  future  conference.  And  in 
doing  so  permit  me,  in  the  name  of  the  nation  which 
I  represent,  to  commend  the  consideration  of  this 
whole  subject  to  all  those  present  in  this  Conference, 
and  especially  to  the  eminent  lawyers,  to  the  masters 
in  the  science  of  International  Law^,  to  the  statesmen 
and  diplomatists  of  the  various  countries  here  repre- 
sented, in  the  hope  that  this  question  may  not  only 
be  contained  in  the  programme  of  the  next  Confer- 
ence which  shall  be  assembled,  but  that  it  shall 
receive  thorough  discussion  based  upon  full  examina- 
tion of  the  many  questions  involved,  and  from  all 
points  of  view.  The  solution  of  this  great  question 
will  be  an  honor  to  all  those  wdio  have  participated 
or  who  shall  participate  in  it,  and  a  lasting  benefit  to 
all  the  nations  of  the  earth." 


Upon    motion    of    M 
speech   of    Mr.  White 
the  minutes. 


Rahusen    of    Holland    the 
was    spread   in  exte7iso  upon 


PRIVATE   PROPICllTY   UX    THE    II I  a  II  SEAS      321 

Count  Nigra  of  Italy  cordially  supported  the  prop- chapter  vi 
osition  of  the  Second  Conunittee,  as  reported  by  Speech  ..f 
M.  de  Martens.  He  called  attention  to  the  fact  that 
the  Italian  Government  did  not  only  proclaim  its 
respect  for  private  propert}'  on  the  high  seas  diplo- 
matically, but  had  sanctioned  the  principle  in  its  laws. 
He  referred  particularly  to  an  article  in  the  Treaty 
of  Commerce  between  Italy  and  the  United  States, 
which  provides,  under  the  reserve  of  reciprocity,  a 
recognition  of  the  inviolability  of  such  property.  He 
desired  that  official  notice  should  l^e  taken  of  this 
declaration.  The  President  directed  the  declaration 
to  be  entered  upon  the  minutes,  and  announced  that 
the  question  now  was  upon  the  adoption  of  the 
report  of  the  Committee. 

Lord  Pauncefote  of  England  announced  that  in  Abstention  of 
the  absence  of  instructions  from  their  Government,  audVrauce.'" 
the  British  delegates  were  obliged  to  abstain  from 
votinu'.  M.  Bourcreois  of  France  made  a  similar  dec- 
laration  on  behalf  of  himself  and  his  colleagues. 
Thereupon  the  report  of  the  Committee  was  adopted 
unanimously,  and,  in  the  language  of  the  American 
Commission,  in  their  report,  "  the  way  is  paved  for 
a  future  careful  consideration  of  the  subject,  in  all  its 
bearings,  and  under  more  propitious  circumstances." 


CHAPTER   VII 

THE  CONFERENCE  FROM  DAY  TO  DAY;  ADDRESSES, 
COMMUNICATIONS  :  DELEGATIONS  FROM  OUTSIDE 
SOURCES.  THE  QUESTION  OF  ADHERENCE.  THE 
CLOSING   SESSION. 

A  HISTORY  of  a  diplomatic  gathering  like  the  Peace 
Conference  would  be  incomplete  without  some  refer- 
ence, however  brief,  to  its  daily  and  social  life  and 
surroundings. 
Noostenta-         Bcjoud  the  dccoratious  of  the   opening  day,  and 
play.  the  continued  flying  of  flags  of  the  various  delega- 

tions at  their  hotels,  there  was  little  to  attract  the 
notice  of  the  average  resident  or  stranger  at  The 
Hague,  or  to  inform  him  that  anything  unusual 
was  going  on.  The  Conference  was  eminently  a 
businesslike  body,  without  ostentation  or  display  of 
any  kind.  On  two  occasions  only,  namely,  at  the 
reception  by  the  Queen  at  the  Palace  in  The  Hague 
and  at  the  Royal  dinner  at  the  palace  in  Amster- 
dam, did  the  members  appear  in  full  uniform.  At 
all  other  times  the  spectacle  of  about  one  hundred 
strangers  walking  or  driving  about  in  the  streets  and 
parks,  and  at  Scheveningen,  was  not  of  a  kind 
to  impress  the  imagination  or  to  attract  particular 
attention.  Tlie  meetings,  which  were  usually  held 
from   ten   o'clock   in   the   morning    until   noon,   and 

322 


THE    CONFERENCE  FROM  DA  Y   TO  DA  Y         323 

from  two  until  live  or  six  o'clock  in  the  afternoon,  Chapter  vii 
were  so  arranged,  that  in  general  no  single  member 
of  tlie  Conference  should  )je  required  to  attend  more 
than  four  or  live  meetings  during  the  week,  but  this 
rule  was  l)y  no  means  absolute,  and  especially  the 
expert  members  of  the  First  and  Second  Connuittees 
were  kept  extremely  busy  from  day  to  day  during 
the  term  of  their  deliberations. 

The  Netherlands  Government  extended  a  hospital- The  hospital- 
ity which  could  not  have  been  more  complete,  more  Netl'ierh'uids 
thoughtful,  or  more  generous.     One  of  its  pleasantest ^'°'''^'''"""^"^- 
features    was    certainly   the    daily   luncheon    at    the 
House  in  the  Wood,  sumptuously  served,  and  afford- 
ing an  opportunity  of  daily  intimate  and  unrestrained 
personal  intercourse  and  acquaintance,  the  value  of 
which  can  hardly  be  overestimated.     The  grouping 
of    the    various    delegates    at    the    luncheon    tables 
changed  from  day  to  day,  with  the  result  that  rarely 
if  ever  has  a  gathering  of  this  size   and  character 
been  attended  with  such  complete  personal  acquaint- 
ance   among   all    the    members,    even    those    whose  ■• 
duties  and  tastes  were  most  diverse. 

On  the  evening  of  May  24,  Their  Majesties  the  Royal  recep- 
Queen  of  the  Netherlands  and  the  Queen  Mother  j^"e" 
gave  a  grand  soiree  in  honor  of  the  Conference  at 
the  Royal  Palace  at  The  Hague.  Besides  the  mem- 
bers of  the  Conference,  the  Diplomatic  Corps  and 
the  entire  court  society  of  The  Hague  had  been 
invited,  and  the  scene  was  one  of  great  brilliancy. 
Before  the  general  reception  the  members  of  the  Con- 
ference were  individually  presented   to  Their  Majes- 


:V2i     Tin:    rEACK    conference   at    the   HAGUE 


Festivities. 


Chapter  Yii  tics,  wlio  spokc  to  eacli  of  them  most  gracious  words 
of  welcome.  On  July  6,  Their  Majesties  gave  a  state 
dimier  in  honor  of  the  Conference  at  the  Royal 
Palace  in  Amsterdam,  the  guests  being  conveyed  to 
and  from  Amsterdam  by  special  train.  At  this  occa- 
sion the  members  were  again  presented  to  Their 
Majesties,  who  congratulated  them  upon  the  prog- 
ress of  their  ^vork,  and  after  the  dinner  Queen 
Wilhelmina  proposed  the  toast  to  the  health  of  all 
the  Sovereigns  and  heads  of  state  rej^resented  at  the 
Conference.  In  response  Baron  de  Staal  proposed 
the  health  of  Their  Majesties,  which  toast  it  is  need- 
less to  say  was  received  with  great  enthusiasm. 

On  May  27  the  Burgomaster  and  Municipal  Coun- 
cil of  The  Hague  gave  a  grand  concert  to  the  Con- 
ference, in  the  Hall  of  Arts  and  Sciences,  and  on 
June  17  the  Netherlands  Government  gave  a  mu- 
sical and  artistic  festival,  the  climax  of  which  was 
an  historical  dance  illustrating  the  costumes  of  the 
various  Dutch  provinces.  A  great  floral  and  eques- 
trian fete  and  contest  at  Haarlem  on  June  4  w^as 
also  given  in  honor  of  the  Conference,  and  will  re- 
main a  most  beautiful  recollection  for  all  who  were 
privileged  to  take  part.  The  same  is  true  of  the 
grand  concert  and  ball  at  Scheveningen,  given  by 
the  Societe  des  Bains  de  Mer  de  Scheveningue  on 
June  12. 

Besides  these  entertainments  it  is  needless  to  add 
that  official  society  at  The  Hague  was  profuse  in  its 
social  attentions,  and  the  same  is  true  of  the  Diplo- 
matic Corps,  whose  members  vied  with  each  other  in 


I'rivate 
hospitality. 


THE   CONFERENCE    VIIOM    DA  V    TO    DA  Y         325 

making  the  stay  of  their  visiting  colleagues  agree- Chapter  vii 
able.  A  full  description  of  the  celebration  of  the 
anniversary  of  American  Independence  on  July  4, 
at  Delft,  will  be  found  in  tlie  Appendix,  together 
with  the  addresses  delivered  on  that  occasion.  The 
present  writer  ventures  to  hope  that  the  remem- 
brance of  this  festival  will  not  be  the  least  pleasant 
among  the  recollections  of  the  members  from  other 
countries. 

The  Conference  took  a  recess  from  July  7  to  17,  Recess, 
for  the  purpose  of  giving  the  various  delegations  an 
opportunity  of  consulting  their  Governments,  espe- 
cially with  reference  to  the  Arbitration  Treaty.     On  The  interest 
the  part  of  the    Japanese  Delegation,  this  involved  Japan, 
cabling  the  entire  text  of  the  Treaty  to  Tokio,  the 
cost   of    the    cablegram,    according    to    information 
received,  being  35,000  francs.     This  incident  is  here 
referred  to  as  an  illustration  of  the  care  with  which 
the  work  was  done,  and  the  seriousness  with  which 
it   was   regarded.      It  may  also  serve  to  illustrate 
the  completeness  with   which  the  great  and   enter- 
prising Empire  of   the  far  East  entered   into  judi- 
cial relations  with  the  rest   of   the  civilized  world. 
In  view  of  later  events  in  China,  it  should  also  be  The  Chinese 
remarked  that  the  distinguished  Chinese  delegate  and 
liis  associates  followed  the  discussions  most  carefully, 
as  was  stated  to  the  Conference  on  July  27  Ijy  Lou 
Tseng  Tsiang.      China  did  not,  however,   ratify  the 
Treaty  on  the  Laws  and  Customs  of  War. 

The  distinguished  first  Chinese  delegate,  Yang  Yu, 
was  the   author  of  two  7)wts,  which  deserve    to  be 


320       THE   PEACE    C ON FE HENCE   AT   THE   HAGUE 

ciiapter  VII  iiicludcd  ill  tliis  record.  After  a  session  of  the  Arbi- 
TwoTOo^sby  tration  Committee  devoted  to  apparently  fruitless  de- 
'^  "  "  bate,  Yang  Yu,  in  descending  the  steps  of  the  House 
in  the  Wood  with  one  of  the  American  delegates, 
pointed  back  to  the  meeting  room,  and  sadly  but 
smilingly  shaking  liis  head  remarked,  "  Too  much 
talkee-talkee,  too  little  doee-doee."  It  may  confi- 
dently be  assumed  that  the  report  of  this  bit  of 
Oriental  philosophy,  as  applied  to  the  progress  of  the 
Conference  nj)  to  that  date,  had  considerable  effect 
in  thereafter  accelerating  the  progress  of  the  debates, 
and  in  brino-ing;  about  an  agreement.  "When  the 
articles  concernint»:  Mediation  were  translated  and 
explained  to  Yang  Yu,  he  thoughtfully  but  solemnly 
nodded  his  assent,  but  remarked  that  the  articles 
seemed  incomplete,  in  that  they  ought  to  provide  that 
the  mediating  Power  should  not  ''  charge  too  high 
a  price  for  its  services  in  the  cause  of  humanity." 
When  it  is  remembered  that  the  Chinese  diplomat 
was  speaking  to  a  continental  delegate,  a  mischievous 
twinkle  of  his  eye  may  be  imagined,  as  he  made  this 
allusion  to  the  various  compensations  in  the  w^ay  of 
harbors  and  territory,  which  the  celestial  empire 
was  obliged  to  pay  for  the  mediation  of  the  Western 
Powers  at  the  end  of  the  Japanese-Chinese  war.' 
Addresses  At  ail  early  session  of  the  Conference,  a  committee, 

nicaticms™"'  cousistiug  of  Joiikheer  van  Karnebeek,  M.  Merey  de 
Kapos-Mere  of  Austria-Hungary,  M.  Eyschen  of  Lux- 
emburg, M.  de  Easily  of  Russia,  and  M.  Roth  of  Swit- 

^  Aiiotlier  record  in  ligliter  vein  may  be  permitted,  being  a  copy  of 
the  menu  of  the  farewell  dinner  of  the  Comitc  d'Examen.     The  orifji- 


THE    CONFERENCE    FROM  DAY    TO   J)A  V  3-27 

zerland,  was  appointed  to  examine  and  report  upon  chapter  vii 
the  cominiinications  whicli  had  been  received,  ad- 
dressed to  the  Conference  from  outside  sources.  It 
may  well  l)e  imagined  that  the  number  of  tliese  com- 
munications was  very  great.  They  consisted  of 
addresses,  letters,  and  cablegrams,  most  of  them 
containing  an  expression  of  the  wishes  of  the  send- 
ers for  the  success  of  the  Conference.  Furthermore, 
a  great  number  of  societies  favoring  disarmament, 
arbitration,   or  peace  in  general  sent   pamphlets  or 

nal  was  illustrated  with  a  characteristic  di'awing  by  the  chairman, 
M.  Bourgeois,  and  read  as  follows  :  — 

July  L^5,  1899 

HOTEL   D'ORANGE 

Procks-yerbai-  (Trks  Confidentiel) 


Conflit  de  Ilors  d'oeuvi'es 

Potage  mediation 

Consomme  I'rotocol  final 

Filet  de  bwuf  aux  bons  offices 

Tourne  dos  d  la  guerre 

Arbitrage  de  volailles 

Cailles  roties  sur  enquete 

Salade  an  Compromis 

Liste  d'artichauds,  sauce  facultative 

Kevision  de  pcches  sans  appel 

Bombes  glacees 

Litige  de  patisseries 

Fruits  de  circonstances 

Fromages  asphyxiants 

Dessert  amical 

Vin  oblijiatoire 


:5L>8      THE  PEACE   CONFERENCE   AT   THE   HAGUE 

ciiapur  VII  books,  maiij  of  them  containing  plans  for  an  inter- 
national court  of  arbitration,  or  for  an  agreement 
for  disarmament  or  a  limitation  of  armaments. 

Pamphlets  Most  of   tlicse  pamplilcts  were  also  addressed  to 

pro  e  .  ^j^^  individual  members  of  the  Conference,  and  while 
many  of  them  were  wholly  impracticable  and  absurd 
in  their  notions,^  an  acknowledgment  is  certainly 
due  to  the  senders  of  some  of  the  others,  for  the  real 
assistance  which  their  work  afforded  to  the  members 
of  the  Conference.  This  is  more  especially  true  of 
the  book  entitled  "  International  Tribunals,  a  Collec- 
tion of  the  various  schemes  which  have  been  pro- 
pounded and  of  instances,  since  1815,"  by  W.  Evans 
Darby,  LL.  D.,  Secretary  of  the  Peace  Society,  and 
published  by  the  Peace  Society  of  London.  This 
book  was  found  to  be  of  great  practical  use  by  the 
members  of  the  Comite  cVExamen,  and  it  will  con- 
tinue to  be  extremely  valuable  to  students  of  In- 
ternational Law,  who  may  hereafter  compare  the 
schemes  therein  set  forth  with  the  treaty  adopted 
by  the  Conference.  The  plan  for  an  International 
Tribunal,  carefully  elaborated  by  a  committee  of  the 
New  York  State  Bar  Association,  which  consisted  of 
Messrs.  W.  Martin  Jones,  William  D.  Veeder,  and 
Edward  G.  Whitaker,  w^as  almost  identical  with  the 
plan  proposed  on  behalf  of  the  American  Govern- 
ment, and  was  distributed,  together  with  a  memorial 

'  A  plan  for  a  governmental  Insurance  Company  to  underwrite 
losses  sustained  in  any  war  declared  to  be  "just "  by  the  directors  of 
the  Company ;  and  a  proposition  to  elect  Prince  Eitel  Friedrich,  the 
second  son  of  the  German  Emperor,  king  of  France,  in  the  interests  of 
peace,  may  be  cited  as  representative  examples. 


THE    CONFERENCE   FROM   DAY   TO  DAY         329 

and   various   other   papers,  to   all    members    of   the  chapter  vii 
Conference. 

It  may  be  added  that  the  American  Commission  communica- 
received  a  very  large  number  of  telegrams  and  letters  Ameri.'-an'^ 
expressing  sympathy  and  good  wishes,  and  emanat- ^°"""'**'^^""' 
ing  from  the  most  diverse  sources.  Every  one  of 
these  messages  was  gratefully  acknowledged,  and 
their  reception  not  only  upheld  the  hands  of  the 
American  Connnission,  but  also  made  a  more  or  less 
profound  impression  upon  the  members  of  the  Con- 
ference from  other  countries,  who  regarded  the  in- 
terest of  the  great  New  World  Power  of  the  West  in 
the  cause  of  peace  and  arbitration,  as  a  most  signifi- 
cant and  important  sign  of  the  times.  Besides  all 
of  these  communications,  appertaining  to  the  proper 
w^ork  of  the  Conference,  the  latter  was,  naturally, 
perhaps,  flooded  with  appeals  and  propositions  not 
in  the  least  germane  to  its  object.  In  many  cases 
written  or  printed  appeals  were  followed  up  by  the 
appearance  of  representatives  or  delegations  from 
nearly  every  oppressed  nationality  of  the  world. 
The  Poles,  Finns,  Armenians,  Macedonians,  and  Appeals  of 
Young  Turks  —  to  mention  no  others  —  sent  repre- "jatkniaiities. 
sentatives  asking  for  action  on  the  part  of  the  Con- 
ference in  behalf  of  their  fellow  citizens,  and  basing 
their  arguments  upon  very  simple  logic.  Peace,  they 
one  and  all  declared,  Avas  not  permanently  possible 
without  justice;  and  justice,  they  protested,  w^ould 
not  be  completely  established  until  their  own  par- 
ticular aspirations  had  been  satisfied.  Several  of 
them  endeavored  to  emphasize  their  requests  by  the 


330       rill-:   PEACE    C ox FE HENCE   AT    THE   HAGUE 

CLapttr  \ii    positive   threat   that  unless   they  were   given   what 

they  eonsiclered  a  fair  liearing,  they  would  seize  the 

occasion  of  the  Peace  Conference  as  a  most  fitting 

time  for  a  revolutionary  outbreak,  which  they  hoped 

would  emljarrass  the  Conference  and  turn  it  into  a 

laughing-stock.     This  is  not  the  occasion  to  inquire 

into   the   merits   of  any  of  the   cases  so  eloquently 

pleaded   before  the   separate    delegations,   especially 

before  the  American  Commission,  nor  was  it  possible 

at  The  Hague  to  enter  into  any  discussion  with  the 

sincere  and  earnest  advocates  of  these  various  causes 

upon  the  subject  of  the  alleged  bad  faith  or  general 

wickedness  of  this  or  that  Power  represented  at  the 

Conference. 

Pathological        111  the  study  of  political  pathology  it  is  both  inter- 
observations.         ,.  ITil  1  ,1CT  r 

estmg  and  sad  to  observe  how  the  leelmg  oi  oppres- 
sion and  injustice  blinds  the  vision  of  its  victims,  so 
that  they  refuse  to  see  not  only  any  possible  good  on 
the  part  of  their  oppressors,  but  also  the  impossibility 
of  any  attainable  progress  which  does  not  relieve 
their  own  immediate  necessities.  Every  meritorious 
cause,  in  the  whole  world,  racial,  political,  or  other- 
wise, is  benefited,  or  most  assuredly  not  injured, 
by  the  results  of  the  Peace  Conference.  But  to  the 
minds  of  many  of  the  sincere  and  honest  men  who 
could  not  see  that  tliej'  were  demanding  impossi- 
bilities, the  Conference  itself,  by  turning  the  cold 
shoulder  upon  their  appeals,  appeared  to  be  giving 
a  stone  where  bread  was  legitimately  asked  and 
confidently  expected. 

Disappointment  at  the   results  of   the  Conference 


THE   CONFERENCE   FROM  DAY  TO  DAY         :{;n 

was    also    expressed,    and    was    probably    sincerel}"  chapter  vii 
felt,  on  the  part  of  many  so-called  "friends  of  peace,"  Disappoint- 
who  held  that  too  many  concessions  were  made  to "  friends  of 
what  they  were  pleased  to  call  the  "evil  spirit  of  war."  ^^^*^*^' 
The  Conference   did  not  denounce   war  in    general 
terms,  nor  did  it  declare  it  or  believe  it  to  be  evil 
under  all  circumstances.     It  is  not  recorded  that  the 
directors  of  a  new  railway,  at  the  time  of  the  first 
introduction  of  this  mode  of  transportation,  found  it 
necessary   to   denounce    stage-coaches,   or  that   they 
regarded    horses    as    worthy    of    being    condemned 
forever  and  under  all  circumstances.     They  contented 
themselves,  it  may  be   assumed,  with    furnishing  a 
better  alternative,  and  thus  allowed  full  play  to  the 
force  of  events. 

It  was  a  conference  of  practical  men  of  affairs,  not 
of  dreamers  and  enthusiasts,  which  sat  at  The  Hague, 
and  its  work  is  to  be  judged  accordingly. 

Up  to    the  very  last  day  there  was  danger    that  Last  dangers 

.  (>      1         A     1  •  ^*^  disagree- 

unannnity  ni  the  adoption,  especially  or  the  Arbitra-meut. 
tion  Treaty,  would  after  all  be  broken  by  a  nega- 
tive vote  on  the  part  of  one  of  the  great  Powers, 
which  would  inevitably  have  been  followed  by  similar 
votes  on  the  part  of  several  of  the  minor  Govern- 
ments represented.  When  on  July  2o,  the  Arbitration 
Treaty,  under  the  reserve  of  the  declaration  of  the 
United  States,  was  finally  adopted  unanimously,  a 
sigh  of  relief  was  heaved  by  all  of  the  delegates  who 
were  most  concerned  in  the  preparation  of  the  Treaty 
and  the  settlement  of  the  various  disputed  questions 
which  threatened  up  to  tlie  last  to  wreck  their  entire 


:y.]-2      THE   PEACE    CONFERENCE  AT   THE   HAGUE 


Chapter  VII 


Powers  not 
invited. 


Attempt  to 
open  the  door 
to  Powei's 
claiming 
sovereignty. 


laljor.  The  substance  of  the  work,  representing  all 
that  Avas  attainable,  had  been  finally  secured,  and  there 
remained  l)ut  one  more  question,  relating,  indeed, 
entirely  to  form,  but  still  of  far-reaching  importance. 
This  was  the  agreement  as  to  terms  npon  which 
Powers  not  represented  at  the  Peace  Conference 
should  be  permitted  to  adhere  to  the  Treaty. 

The  Question  or  Adherence 

Of  the  independent  Governments  of  the  w^orld,  the 
Central  and  South  American  Republics,  the  Sultanates 
of  Morocco  and  Muscat,  the  Orange  Free  State,  the 
Principality  of  Monaco,  the  Republic  of  San  Marino, 
and  the  Kingdom  of  Abyssinia,  were  the  only  ones 
not  represented  in  the  Peace  Conference.  There  could 
be  no  possible  objection  to  the  adherence  of  any  one  or 
all  of  them  to  the  declarations  of  the  Conference,  and 
to  the  treaties  regarding  the  laws  and  usages  of  war, 
and  to  the  extension  of  the  Geneva  Rules  to  naval  war- 
fare. A  very  different  question,  however,  was  pre- 
sented with  reference  to  the  Arbitration  Treaty,  for  the 
latter  not  only  imposes  obligations  upon  the  Signatory 
Powers,  but  also  confers  certain  rights  —  notably  the 
right  to  appoint  members  in  good  and  regular  stand- 
ing of  the  Permanent  Court  of  Arlntration  —  thus 
implying  for  each  appointing  State  an  absolute  recog- 
nition of  its  independence  and  international  status. 

In  the  Committee  on  the  Preparation  of  the  Final 
Act,  to  which  was  also  referred  the  preparation  of 
the  formal  nart  of  the  various  treaties  and  declara- 

J. 

tions,  an  attempt  was  made  to  insert  a  provision  into 


THE   CONFERENCE   FROM  DAY   TO  DAY         333 

tlie  Arljitration  Treaty  wliicli  would  liave  enabled  chapter  vii 
any  Government  claiming  independence  and  an  inter- 
national status  to  further  its  own  ends,  even  against 
the  consent  and  without  the  approval  of  other  Sig- 
natory Powers,  by  simply  declaring  its  adherence  to  the 
Treaty,  and  demanding  recognition  for  its  appointees 
upon  the  list  of  judges.  It  was  at  this  point  alone  that 
the  Conference  was  directly  confronted  with  a  political 
question  which  might  easily  have  become  of  great  and 
immediate  danger.  It  is  needless  to  say  that  the 
interests  chiefly  affected  w^ere  those  of  the  Pope,  whose 
claims  to  temporal  power,  independence,  and  an 
international  status,  are  recognized  either  explicitly 
or  impliedly  by  a  number  of  the  Signatory  Powers, 
while  others  cannot  consider  him  in  any  other  light, 
so  far  as  international  law  is  concerned,  than  as  a 
private  individual,  enjoying  certain  immunities  under 
the  municipal  law  of  Italy.  Instantly  similar  pre- 
tensions on  the  part  of  the  Transvaal,  and  possibly 
also  of  an  alleged  Filipino  Republic,  might  have 
been  involved,  and  for  the  future  the  door  would 
have  been  left  open  for  most  embarrassing  questions, 
arising  from  revolutions  in  any  country,  enjoying 
various  degrees  of  success. 

The  point  of  view  maintained  by  the  United  States  Attitude  of 
of  America  was  that  of  strict  legal  propriety,  and  of  It^tes!'*^ 
an  absolute  recognition  of  the  great  principle  of  com- 
plete sovereignty  of  all  independent  States.^      This 

^  The  British  Government  held  the  same  view,  as  is  evidenced  by 
the  following  despatch  from  Lord  Salisbury  to  Lord  Pauucefote,  dated 
July  27  (Blue  Book,  p.  221)  :  — 


334       THE   PEACE    CONFERENCE   AT   THE   HAGUE 


Attitude  of 
the  United 
States. 


ciiupi.r  \ii  involves  the  almost  self-evident  trutli  that  no  obli- 
gation, however  slight  or  insignificant,  can  ever  be 
put  upon  a  Sovereign  State  against  its  own  consent, 
except  by  an  impairment  of  its  sovereignty.  The 
right  to  recognize  other  Powers,  or  to  withhold  such 
recognition  at  will,  is  one  of  the  fundamental  attri- 
butes of  sovereignty,  and  it  is  not  impaired  but  only 
exercised  when  a  State  deliberately  enters  into  a 
limited  federation  or  union  with  other  States  for 
a  particular  purpose;  for  such  adhesion  implies  a 
mutual  recognition  on  the  part  of  all  members  of  such 
federation  or  union.  It  follows  beyond  question  that 
this  membership  cannot  be  conferred  upon  any  out- 
sider without  the  consent  of  all  previous  members. 
The  veto  of  one  must  be  as  effective  as  that  of  a 
majority,  without  regard  to  size  or  power,  otherwise 
there  would  have  been  an  abdication  of  an  essential 
part  of  sovereignty. 

This  view  finally  prevailed  unanimously. 

As  a  partial  consolatiou  for  what  must  have  been 


"  I  authorize  you  and  Sir  Henry  Howard  to  sign  the  Final  Act, 
but  if  any  words  are  contained  in  the  instrument  implying  the  consent 
of  Great  Britain  to  the  subsequent  adhesion  of  other  Governments 
without  any  general  consent,  a  reservation  to  the  following  effect 
should  be  made  by  you. 

"  It  is  impossible  for  Her  Majesty's  Government  to  admit  that 
Great  Britain,  except  with  her  own  consent,  formally  conveyed  in  the 
usual  manner  by  the  signature  of  Her  Majesty's  Plenipotentiary,  can 
come  under  conventional  obligations  to  another  Government.  Unless 
the  consent  of  Great  Britain  has  been  previously  obtained,  any  intima- 
tion of  adhesion  to  this  Convention  by  any  Government  or  person  but 
the  Plenipotentiaries  now  signing  it  will  be  regarded  as  non  avenue 
so  far  as  Great  Britain  is  concerned." 


THE   CONFERENCE   FROM   DA  V    TO   DA  Y         :335 

a  bitter  and   keen  disappointment,  the  Dutch   Gov- Chapter  vii 
ernnient  insisted  upon  connecting  the  name  of  the  Disappoint- 
Pope  with  the  records  of  the  Peace   Conference  byp„j,e." 
formally  requesting  the  President,  at  the  last  session, 
to  read  the  correspondence  between  the  Queen  of  the 
Netherlands  and  the  Pope,  at  the  time  of  the  openmg 
of  the  Conference. 

These  letters  are  given  below,  in  full.  Coming 
from  the  hosts  of  the  Conference,  such  a  request 
could  not,  in  courtesy,  be  refused,  and  the  corre- 
spondence was  therefore  spread  upon  the  minutes, 
although  it  is  difficult  to  see  what  other  object  was 
attained  by  this  remarkable  proceeding,  except  that  of 
emphasizing,  by  contrast,  the  thoroughly  secular  and 
eminently  practical  character  of  the  entire  work  which 
was  accomplished. 

The  End  of  the  Conference 

Ten  o'clock  in  the  morning  of  Saturday,  July  29, 
had  been  fixed  as  the  time  for  the  signing  of  the 
Final  Act  and  the  various  Declarations  and  Treaties.  The  last 
On    this,    a    beautiful    summer    day,    the    members  "^*^^ '"^**' 
for  the   last  time   assembled    in    the    House  in   the 
Wood. 

The  various  documents,  which  had  been  beautifully 
engrossed,  and  to  which  the  seals  of  the  signing 
Plenipotentiaries  had  been  affixed  by  the  secretaries 
of  the  Conference,  were  spread  out  upon  the  large 
tables  of  the  dining  room  of  the  Palace,  and  the 
Plenipotentiaries  from  each  countiy  were  called 
from   the   meeting  room  of   the   Conference  for   the 


336      THE  PEACE   CONFERENCE   AT   THE   HAGUE 

Chapter  VII  purpose  o£  Signature,  in  alphabetical  order.  This 
work  consumed  the  morning;  and  after  the  final 
luncheon,  —  at  which  innumerable  friendly  toasts, 
hopes,  and  wishes  for  a  speedy  au  revoir  were  ex- 
changed, —  the  closing  meeting  of  the  Conference 
was  called  to  order  at  three  o'clock  in  the  after- 
noon. To  this  meeting  a  limited  number  of  rep- 
resentatives of  the  press  and  invited  guests  had 
been  asked ;  and  the  little  gallery  in  the  cupola 
was  accordingly  crowded.  The  staff  of  each  dele- 
gation was  also  present,  and  the  meeting  room  itself 
presented  a  more  animated  appearance  than  ever 
before.  The  Prime  Minister  of  the  Netherlands. 
M.  Pierson,  attended  as  the  special  representative 
of  the  Queen,  together  with  other  officers  of  the 
ro^^al  household. 

Report  on  Jonkhccr  vau  Karnebeek  reported  upon  the  sig- 

signatures.  „   ,, 

natures  as  follows  :  — 

1.  The  Final  Act  of  the  Conference  was  signed  by 
all  the  Powers  there  represented. 

2.  Treaties :  — 

(A)  TJie  Convention  for  the  Peaceful  Adjustment  of 
International  Differences  was  signed  by  sixteen 
Powers,  to  wit :  Belgium,  Denmark,  Spain,  United 
States  of  America,  United  States  of  Mexico,  France, 
Greece,  Montenegro,  Netherlands,  Persia,  Portugal, 
Roumania,  Russia,  Siam,  Sweden  and  Norway,  Bul- 
garia. 

(B)  The  Convention  on  the  Laws  and  Customs  of 
War  on  Land  was  signed  by  fifteen  Powers,  to  wit : 
Belgium,  Denmark,  Spain,  United  States  of  America, 


THE    CONFERENCE   FROM   DAY    TO   DAY         337 

France,    Greece,    Montenegro,    Netherlands,    Persia,  chapter  vn 
Portugal,  Roumania,  Russia,  Siam,  Sweden  and  Nor- 
way, Bulgaria. 

(C)  llie  Convention  for  the  Extensio7i  of  the  Prin- 
cijjles  of  the  Geneva  Convention  to  Naval  Warfare 
was  signed  by  fifteen  Powers,  to  wit :  Belgium,  Den- 
mark, Spain,  United  States  of  Mexico,  France,  Greece, 
Montenegro,  Netherlands,  Persia,  Portugal,  Rou- 
mania, Russia,  Siam,  Sweden  and  Norway,  Bulgaria. 

3.    Declarations  :  — 

(A)  Concerning  the  Prohibition  of  the  Throwing  of 
Projectiles  from  Balloons.  This  was  signed  by  seven- 
teen Powers,  to  wit :  Belgium,  Denmark,  Spain, 
United  States  of  America,  United  States  of  Mexico, 
France,  Greece,  Montenegro,  Netherlands,  Persia, 
Portugal,  Roumania,  Russia,  Siam,  Sweden  and  Nor- 
way, Turkey,  Bulgaria. 

(B)  Concerning  the  Prohibition  of  the  Use  of  Pro- 
jectiles containing  Asjyhi/xiating  Gas.  This  was 
signed  by  sixteen  Powers,  to  wit :  Belgium,  Den- 
mark, Spain,  United  States  of  Mexico,  France, 
Greece,  Montenegro,  Netherlands,  Persia,  Portugal, 
Roumania,  Russia,  Siam,  Sweden  and  Norway,  Tur- 
key, Bulgaria. 

(C)  Concerning  the  Prohibition  of  Bullets  ivhich  Ex- 
pand,  etc.  This  was  signed  by  fifteen  Powers,  to 
wit :  Belgium,  Denmark,  Spain,  United  States  of 
Mexico,  France,  Greece,  Montenegro,  Netherlands, 
Roumania,  Russia,  Siam,  Sweden  and  Norway,  Tur- 
key, Bulgaria. 

The  President  of   the  Conference  announced  that 


338       Till':    I'KACE    CONrEREXCE    AT    THE    HAGUE 

Chapter  VII  lie  had  been  asked  by  the  Government  of  the  Nether- 

Conespond-  lands  to  Fcad  to  the  Conference  a  letter  addressed  by 

tiu>Quo("roT  Her    Majesty  the   Queen  of  the  Netherlands  to  his 

the  Nether-  Holincss,  tlic  Popo,  infomiintji;  him  of  the  meetino;  of 

laixls  and  the  '  ••     "  "  o 

i'"!"-  the  Peace  Conference  at  The  Hague,  as  well  as  the 

response  of  his  Holiness  to  this  communication,  as 
follows  :  — 


Letter  of  "  MosT  AuGUST  PoxTiFF  :    Yoiir  Holiness,  whose 

wuhehuiiia.  cloqucut  voicc  lias  always  been  raised  with  such 
authority  in  favor  of  peace,  having  quite  recently,  in 
your  allocution  of  the  11th  of  April  last,  expressed 
those  generous  sentiments,  —  more  especially  in  re- 
gard to  the  relations  among  peoples,  —  I  considered 
it  my  duty  to  inform  you  that,  at  the  request  and 
upon  the  initiative  of  His  Majesty,  the  Emperor  of 
All  the  Russias,  I  have  called  together,  for  the 
eighteenth  of  this  month,  a  Conference  at  The  Hague, 
which  shall  be  charged  with  seeking  the  proper 
means  of  diminishing  the  present  crushing  military 
charges  and  to  prevent  war,  if  possible,  or  at  least  to 
mitigate  its  effects. 

"  I  am  sure  that  your  Holiness  will  look  with 
sympathy  upon  the  meeting  of  this  Conference,  and 
I  shall  be  very  happy  if,  in  expressing  to  me  the 
assurance  of  that  distinguished  sympathy,  you  would 
kindly  give  your  valuable  moral  support  to  the  great 
work  which  shall  be  wrought  out  at  my  Capital, 
according  to  the  noble  plans  of  the  magnanimous 
Emperor  of  All  the  Russias. 

"  I  seize  with  alacrity  upon  the  present  occasion, 


Till':    COXFERENCK    FROM  DAY   TO   DAY         :W.) 

Most  August  Pontift",  to  renew  to  your  Holiness  the  chapter  vn 

assurance    of    my  high  esteem  and  of    my  personal 

devotion. 

(Signed)     "  Wiliielmina. 

"IIausbaden,  7th  of  IVIuy,  1S99." 

"Your  Majesty:  We  cannot  but  find  agreeable  Reply  of  the 
the  letter  by  which  Your  Majest}',  in  announcing  to 
us  the  meeting  of  the  Conference  for  Peace  in  your 
Capital,  did  ns  the  courtesy  to  request  our  moral 
support  for  that  assemljly.  We  hasten  to  express 
our  keen  sympathy  for  tlie  august  initiator  of  the 
Conference,  and  for  Your  Majesty,  who  extended  to 
it  such  spontaneous  and  noble  hospitality,  and  for 
the  eminently  moral  and  beneficent  object  toward 
which  the  labors  already  begun  are  tending. 

"We  consider  that  it  comes  especially  within  our 
province  not  only  to  lend  our  moral  support  to 
such  enterprises,  but  to  cooperate  actively  in  them, 
for  the  object  in  question  is  supremely  noble  in  its 
nature  and  intimately  bound  up  with  our  August 
Ministry,  which,  through  the  divine  founder  of  the 
Church,  and  in  virtue  of  traditions  of  many  secular 
instances,  has  been  invested  with  the  highest  possible 
mission,  that  of  being  a  mediator  of  peace.  In  fact, 
the  authority  of  the  Supreme  Pontiff  goes  beyond 
the  boundaries  of  nations ;  it  embraces  all  peoples, 
to  the  end  of  federating  them  in  the  true  peace  of 
the  gospel.  His  action  to  promote  the  general  good 
of  humanity  rises  above  the  special  interests  which 
the  chiefs  of  the  various  States  have  in  view,  and, 


340  THE   PEACE   COXFF.RENCE   AT   THE  HAGUE 

Chapter  m  better  than  any  one  else,  his  authority  knows  how  to 
Reply  of  the  incline  toward  concord  peoples  of  diverse  nature  and 
^^^^^'  (character.     History  itself  bears  witness  to  all    that 

has  been  done,  l)y  the  influence  of  our  predeces- 
sors, to  soften  the  inexorable  laws  of  war,  to  arrest 
bloody  conflicts  when  controversies  have  arisen  be- 
tween princes,  to  terminate  peacefully  even  the 
most  acute  differences  between  nations,  to  vindicate 
courageously  the  rights  of  the  weak  against  the 
pretensions  of  the  strong.  Even  unto  us,  notwith- 
standino-  the  abnormal  condition  to  which  we  are 
at  present  reduced,  it  has  been  given  to  put  an  end 
to  grave  differences  between  great  nations  such  as 
Germany  and  Spain,  and  this  very  day  w^e  hope  to 
be  able  soon  to  establish  concord  between  two  na- 
tions of  South  America  which  have  submitted  their 
controversy  to  our  arbitration. 

"  In  spite  of  obstacles  wdiich  may  arise,  we  shall 
continue,  since  it  rests  with  us  to  fulfil  that  tradi- 
tional mission,  without  seeking  any  other  object  than 
the  public  weal,  without  envying  any  glory  but  that 
of  serving  the  sacred  cause  of  Christian  civilization. 

"  We  beg  Your  Majesty  to  accept  the  expression  of 
our  great  esteem  and  our  best  wishes  for  your  pros- 
perity and  that  of  your  kingdom. 

"From  the  Vatican,  the  29th  of  May,  1899. 

(Signed)     "  Leo  P.  P.  XIII." 

The  President  stated  that  the  text  of  these  two 
letters  would  be  inserted  in  the  report  of  the  meet- 
ing, and  then  made  the  following  speech  :  — 


THE   CONFERENCE   FROM  DAY   TO   DAY         Ul 

"Gentlemen:  We  have  come  to  the  end  of  our  chapter  vii 
labors.  Before  we  separate  and  sliake  hands  for  the  speech  of 
last  time,  in  this  beautiful  Palace  of  the  Woods,  Istaai'/" 
come  to  ask  you  to  join  me  in  renewing  the  tribute 
of  our  gratitude  to  the  gracious  sovereign  of  the 
Netherlands,  whose  hospitality  has  been  so  lavishly 
extended  to  us.  The  wishes  which  Her  Majesty 
expressed  recently,  in  a  voice  so  charming  and  so 
firm,  have  been  a  good  omen  for  the  progress  of  our 
deliberations.  May  God  shower  his  favors  upon  the 
kingdom  of  Her  Majest}'  the  Queen,  for  the  good  of 
the  noble  country  placed  under  her  rule.  We  beg 
M.  de  Beaufort  —  the  honorary  President  of  the 
Conference  —  kindly  to  lay  at  the  feet  of  Her  Maj- 
esty this  expression  of  our  feeling.  We  request  also 
of  His  Excellency,  and  of  the  Dutch  Government,  the 
acceptance  of  our  sincere  gratitude  for  the  kindly 
help  which  they  have  always  lent  to  us,  and  which 
has  made  our  task  so  easy.  It  is  with  sincere  pleas- 
ure that  I  constitute  myself  the  medium  of  your 
warmest  thanks  to  the  eminent  statesmen  and  jurists 
who  have  presided  over  the  labors  of  our  committees 
and  our  sub-committees.  They  have  shown  in  this 
work  the  most  exceptional  qualities,  and  we  are  glad 
to  be  able  to  congratulate  them  here. 

"  Our  reporters  {rapjjorteurs)  are  also  entitled  to 
our  thanks.  They  have  laid  down  in  their  reports, 
which  are  really  masterpieces,  the  authorized  com- 
mentaries on  the  accepted  text.  With  persevering 
zeal  our  Secretariat  has  performed  an  arduous  task. 


312       77/f;    I'lCACE    CONFERENCE    AT    TIIIC    IIACUE 

Chapter  VII    To  tliLs  fiict  tlic  completu  aiid  faithful  reports  of  our 
Speech  of       loiig  and  frequent  meetings  bear  testimony, 
staai.  "  I    must  myself,  lastly,  thank  you,  gentlemen,  for 

all  the  indulgent  kindness  which  you  have  shown  to 
your  President.  It  is  certainly  one  of  the  greatest 
honors  of  my  life — already  long  —  which  has  been 
given  entirely  up  to  tlie  service  of  my  Sovereign  and 
of  my  country  —  to  have  been  called  by  you  to  the 
Presidency  of  our  High  Assembly.  In  the  course  of 
years,  during  which  I  have  been  an  attentive  observer 
and  sometimes  a  modest  worker  in  relation  to  events 
which  will  form  the  history  of  our  century,  I  have 
seen  the  gradual  growth  and  influence  of  moral  ideas 
in  political  relations.  This  influence  has  to-day  at- 
tained a  memorable  stage.  His  Majesty  the  Emperor 
of  Russia,  inspired  by  the  traditions  of  his  family  — 
as  M.  Beernaert  happily  reminded  us  —  and  stimu- 
lated by  constant  solicitude  for  the  good  of  nations, 
has  in  a  measure  brought  within  our  reach  the  reali- 
zation of  this  ideal. 

"  Those  of  you,  gentlemen,  who  are  younger  than 
your  President  will  no  doubt  make  further  advances 
in  the  course  which  we  are  now  pursuing.  After  so 
long  and  laborious  a  session,  when  you  have  before 
your  eyes  the  results  of  3'our  work,  I  shall  certainly 
not  impose  upon  you  an  historical  recital  of  what  you 
have  accomplished  at  the  price  of  so  much  effort.  I 
shall  confine  myself  to  a  few  general  considerations. 

"  In  response  to  the  call  of  the  Emperor,  my  August 
Sovereign,  the  Conference  accepted  the  programme 
outlined    in   the  circulars  of   Count   Mouravieff,  and 


THE    CONFERENCE   FROM  DA  Y   TO  DA  Y         343 

made  it  the  subject  of  a  long  and  careful  examina- Chapter  vii 
tion.  If  the  First  Commission,  which  had  taken  in 
charge  military  questions  and  the  limitation  of  arma- 
ments and  of  budgets,  has  not  reached  many  material 
results,  it  is  because  it  encountered  technical  diffi- 
culties, and  a  series  of  considerations  connected  with 
them,  which  it  did  not  regard  itself  competent  to 
consider,  l)ut  the  Conference  itself  has  asked  the 
various  Governments  to  take  up  anew  the  considera- 
tion of  these  themes.  It  unanimously  agreed  to  the 
resolution  proposed  by  the  lirst  delegate  of  France,  to 
wit :  That  the  limitation  of  military  charges  which 
actually  weigh  on  the  w^orld  is  greatly  to  be  desired 
for  the  increase  of  the  moral  and  material  welfare  of 
humanity.  The  Conference  also  accepted  all  the 
liumanitarian  proposals  referred  to  the  examination 
of  the  Second  Commission.  Under  this  head  it  was 
able  to  satisfy  the  desire  long  expressed  of  extending  to 
maritime  warfare  the  application  of  principles  analo- 
gous to  those  which  form  the  object  of  the  Conven- 
tion of  Geneva.  Taking  up  again  a  work  inaugurated 
at  Brussels  tw^enty-five  years  ago,  under  the  auspices 
of  the  Emperor  Alexander  II.,  the  Conference  suc- 
ceeded in  giving  a  more  definite  form  to  the  law^s  and 
customs  of  war  on  land.  These  are,  gentlemen,  posi- 
tive results  achieved  after  conscientious  lal)or.  But 
the  work  which  opens  a  new  era,  so  to  speak,  in  the 
domain  of  International  Law  is  the  Convention  for 
the  Peaceful  Adjustment  of  International  Differences, 
whose  first  heading  is  'The  General  Maintenance  of 
Peace.' 


;U4      THE   PEACE   CONFERENCE   AT   THE  HAGUE 

Chapter  VII  "  Somo  ycars  ago,  in  bringing  to  a  close  the  arbi- 
Speech  of  tratioii  on  the  Behring  Sea  matter,  an  eminent  French 
staai.  diplomat  expressed  himself  as  follows  :  '  We  have  tried 

to  maintain  intact  the  fundamental  principles  of  that 
august  International  Law  which  stretches  like  the 
dome  of  heaven  above  all  nations,  and  which  bor- 
rows the  laws  of  nature  herself  to  protect  the  peoples 
of  the  earth  one  from  another,  in  teaching  them  the 
necessities  of  mutual  good  will.' 

"  The  Peace  Conference,  with  the  authority  which 
attaches  to  an  Assembly  of  civilized  nations,  has 
tried  also  to  safeguard,  in  questions  of  prime  inter- 
est, the  fundamental  principles  of  International  Law. 
It  took  for  its  task  their  definition,  their  develop- 
ment, and  their  more  complete  application.  It  has 
created,  on  several  points,  new  laws  answering  to 
new  necessities,  to  the  progress  of  international  life 
and  the  exigencies  of  public  conscience,  and  to  the 
best  aspirations  of  humanity.  Veritably  it  has  accom- 
plished a  work  which  the  future  will  call,  no  doubt, 
'  The  First  International  Code  of  Peace,'  and  to 
Avhich  we  have  given  the  more  modest  name  of 
'  Convention  for  the  Peaceful  Adjustment  of  Inter- 
national Differences.' 

"  In  opening  the  meetings  of  the  Conference,  I 
pointed  out  as  one  of  the  particular  elements  of  our 
endeavor,  —  as  the  very  essence  of  our  task,  —  the 
realizing  of  that  progress,  so  impatiently  expected,  in 
regard  to  mediation  and  arbitration,  and  I  was  not 
mistaken  in  thinking  that  our  labors  in  that  line 
would  assume  an  exceptional  importance.     The  work 


THE    CONFERENCE   FROM  DA  Y   TO  DA  Y         315 

is  accomplished  to-day.  It  bears  witness  to  the  high  Chapter  vii 
solicitude  of  Governments  for  all  that  concerns  pacific 
peaceful  development  of  international  relations,  and 
the  welfare  of  nations.  That  work,  no  doubt,  is 
imperfect,  but  it  is  sincerely  practical  and  wise.  It 
tries  to  consolidate,  while  safeguarding  both,  the  two 
principles  whicli  ai-e  the  foundation  of  International 
Law,  —  the  principle  of  sovereignty  of  individual 
States,  and  the  principle  of  a  just  international 
comity.  It  gives  precedence  to  that  which  unites 
over  all  which  divides.  It  affirms  that  in  the  new 
era  upon  which  we  are  entering  the  dominant  factor 
should  be  good  works,  arising  from  the  necessity  of 
concord,  and  made  fruitful  by  the  cooperation  of 
States  seeking  the  realization  of  their  legitimate 
interests  in  solid  peace,  regulated  by  justice. 

"  The  task  accomplished  by  the  Conference  of  The 
Hague  in  this  matter  is  truly  beautiful  and  meritori- 
ous. It  is  in  accord  with  the  magnanimous  state- 
ments  of  its  august  initiator,  and  it  wall  have  the 
support  of  public  opinion,  and  will  gain,  I  hope,  the 
approval  of  history. 

"  I  shall  not  enter,  gentlemen,  into  the  details  of 
the  Act  which  many  of  you  have  just  signed.  They 
are  brought  out  and  analyzed  in  the  admirable 
report  which  is  in  your  hands.  At  the  present  time, 
it  is  perhaps  premature  to  judge  as  a  whole  the  work 
which  has  hardly  been  brought  to  a  close.  We  are, 
as  yet,  too  near  its  origin ;  we  lack  the  bird's-eye 
view.  What  is  certain  is,  that  this  work,  undertaken 
on  the  initiative  of  the  Emperor,  my  August  Master, 


340     THE   PEACE  CONFERENCE   AT   THE   HAGUE 

Chapter  VII  Mild  \iiidor  tliG  auspices  of  Iler  Majesty  the  Queen  of 
the  Netherlands,  will  develop  in  the  future ;  and,  as 
the  President  of  our  Third  Commission  said,  on  a 
meinoral)le  occasion :  '  The  further  Ave  advance  on 
the  road  of  time,  the  more  clearly  will  its  importance 
appear.'  Gentlemen,  the  first  step  is  taken.  Let  us 
unite  our  efforts,  and  profit  from  experience.  The 
srood  seed  is  sown  ;  let  us  await  the  harvest.  As  for 
me,  having  come  to  the  end  of  my  career,  and  to  the 
decline  of  my  life,  I  consider  it  a  supreme  consola- 
tion to  see  the  opening  of  new  perspectives  for  the 
good  of  humanity,  and  to  l)e  able  to  look  forward 
into  the  bright  vistas  of  the  future." 

Prince  Mlinster  thereupon  spoke  as  follows  :  — 
Speech  of  "  Gentleme?^  :    You  will  allow  me,  as  the  senior 

MUnster.  member  of  this  assembly,  to  answer  the  eloquent 
words  which  we  have  just  heard,  and  you  will  join 
me  in  expressing  our  thanks  to  M.  de  Staal  and 
M.  van  Karnebeek  —  the  President  and  Vice-President 
of  the  Conference.  M.  de  Staal  has  greatly  con- 
tril3uted  to  the  success  of  our  work,  for,  by  his  great 
courtesy  to  all  of  us,  he  was  able  to  maintain  good 
relations  among  all  the  delegates.  It  is  very  rare 
that  an  assembly  which  has  lasted  two  months  and 
a  half  can  show  such  perfect  harmony  as  that  which 
has  always  reigned  in  this  room. 

"  M.  van  Karnebeek  has  been  the  active  principle 
of  the  Conference.  He  has  worked  more  than  any 
of  us,  and  we  owe  him  much.  We  have  to  thank 
him  also  for  the  great  hospitality  which  we  have 
found    here,   from    the    Throne    down    to    the    most 


rut:   CONFERENCE   FROM  DAY   TO  DAY         347 

humble  citizen.  M.  van  Karnebeek  has  found  in- Chapter  vii 
spiration  in  the  example  of  his  August  Sovereign, 
who  has  honored  us  with  a  welcome  which  we  shall 
never  forget.  If  the  Conference  has  not  realized  all 
of  its  wishes  —  and  its  desires  and  illusions  ran  high 
—  it  will  at  least  have  a  great  influence  upon  the 
future,  and  the  seeds  which  it  has  sown  are  sure  to 
germinate.  Its  particular  result  will  then  be  tlie 
influence  which  the  meeting  of  so  many  eminent 
men  cannot  fail  to  have  upon  the  mutual  under- 
standing of  all  nations. 

"  This  Conference  will  be  one  of  our  most  beautiful 
memories,  and  in  this  recollection  two  names  will 
always  shine  —  those  of  M.  de  Staal  and  M.  van 
Karnebeek.     I  beg  you  to  rise  in  their  honor." 

The  President  answered  that  he  was  deeply  Reply  of 
touched  by  the  eloquent  words  which  had  just  been  staaL '^'^^  "^^ 
spoken,  and  that  he  thanked  Prince  MUnster  from 
the  bottom  of  his  heart,  as  Avell  as  all  those  whose 
sentiments  he  had  expressed.  In  the  many  memo- 
ries which  he  would  take  away  from  the  Conference, 
that  of  the  good  relations  which  he  had  sustained 
with  all  his  colleagues  would  never  leave  his  recol- 
lection. 

Jonkheer  van  Karnebeek  said  that  he  was  equally  Reply  of 
touched  by  the  words  of  Prince  Miinster.  He  k  "j'^tbeek*" 
hesitated  nevertheless  to  apply  these  words  to  him- 
self personally.  If  it  was  thought  that  he  was  able 
to  do  anything  for  the  success  of  the  common  labors, 
and  if  he  had  been  in  any  way  the  personification 
of  the  spirit  and  the  work  of  the  Conference,  M.  van 


;M8      the   peace   conference   at   the   HAGUE 


Speech  of 
Baron 
d'Estour- 
uelles  de 
Coustaut. 


Chapter  VII  Kamcbeek  declared  that  he  had  but  reflected  the 
spirit  which  filled  all  the  delegates,  and  of  what  they 
themselves  had  accomplished. 

Baron  d'Estournelles  de  Constant  expressed  him- 
self as  follows :  — 

"  With  the  permission  of  our  honored  President  I 
would  like  to  submit  to  the  Conference  a  personal 
wish  before  we  separate.  Our  work  may  be  dis- 
cussed and  judged  too  modestly,  but,  as  Prince 
Mtinster  has  just  said,  it  will  never  be  doubted  that 
we  have  worked  conscientiously  for  two  months  and 
a  half.  We  came  to  The  Hague  from  all  parts  of 
the  globe,  without  knowing  one  another,  with  more 
of  prejudice  and  of  uncertainty  than  of  hope.  To-day 
many  prejudices  have  disappeared,  and  confidence 
and  sympathy  have  arisen  among  us.  It  is  owing  to 
this  concord,  born  of  the  devotion  of  all  of  us  to  the 
common  work  Ave  have  done,  that  w^e  have  been 
enabled  to  reach  the  first  stage  of  progress.  Little 
by  little  it  will  be  universally  recognized  that  the 
results  obtained  cannot  be  neglected,  but  that  they 
constitute  a  fruitful  germ.  This  germ,  however,  in 
order  that  it  may  develop,  must  be  the  object  of  con- 
stant solicitude,  and  this  is  the  reason  why  we  should 
all  wish  and  hope  that  our  conference  is  not  separat- 
ing forever.  It  should  be  the  beginning.  It  ought 
not  to  be  the  end.  Let  us  unite  in  the  hope,  gentle- 
men, that  our  countries,  in  calling  other  conferences 
such  as  this,  may  continue  to  assist  in  advancing  the 
cause  of  civilization  and  of  peace." 

M.  de  Beaufort  made  the  following  address  :  — 


Hopes  for 

another 

Conference. 


THE   CONFERENCE   FROM  DAY   TO   DAY         34!) 

"Before  the  meeting  of  to-day  adjourns,  I  wish  to ciiapter  vii 
address  you  in  a  few  words :  The  Government  has  speech  of  m. 
been  happy  to  see  you  here.  It  has  followed  jonr"^ 
deliberations  with  very  great  interest,  and  it  rejoices 
with  you  that  your  labors  have  borne  fruit.  If  the 
Peace  Conference  has  not  ])een  able  to  realize  the 
dreams  of  Utopians,  we  should  not  lose  sight  of 
the  fact  that  in  this  respect  it  does  not  differ  from 
all  meetings  of  serious  and  intelligent  men,  having  a 
practical  end  in  view.  If,  on  the  other  hand,  it  has 
put  to  shame  the  gloomy  predictions  of  pessimists 
who  see  in  it  nothing  but  a  generous  effort,  certain 
to  exhaust  itself  in  the  recital  of  great  wishes,  it  has 
demonstrated  the  justice  of  the  view  of  the  August 
Monarch  wdio  has  chosen  this  present  moment  for  his 
initiative.  I  do  not  wish  at  this  moment  to  speak  of 
the  great  mass  of  results  wdiicli  have  been  accom- 
plished. 

"  It  is  true  that  a  unanimous  agreement  on  the  ques- 
tion of  disarmament  could  not  possibly  be  expressed 
in  a  practicable  formula,  applicable  to  the  domestic 
requirements  of  the  different  countries,  or  in  harmony 
with  their  diverse  needs.  Let  us  remember  on  this 
subject  the  words  of  the  great  historian — the  Duke 
of  Broglie  —  wdio,  a  few  weeks  ago  said,  regarding 
the  Peace  Conference,  '^  We  live  in  a  time  wdiere  it 
is  necessary  to  take  account  more  and  more  of  the 
moral  effect  of  a  great  measure,  rather  than  of  its 
material  or  important  results.'  Without  doubt  the 
moral  effect  of  your  deliberations,  already  evident,  w^ill 
make  itself  felt  more  and  more,  and  will  not  fail  to 


de  Beaufort. 


;}50     THE   PEACE    CONFERENCE   AT    THE   HAGUE 

Chapter  VII    sliow  itsolf  ill  a  striking  manner,  in  public  opinion. 

Speech  of  M.  It  will  powerfully  second  the  efforts  of  Governments 
to  solve  the  question  of  the  limitation  of  armaments. 
It  will  remain  a  serious  and  legitimate  concern  of  the 
statesmen  of  all  countries. 

"  Permit  me,  before  the  close,  to  express  the  hope 
that  His  Majesty,  the  Emperor  of  Russia,  may  find  a 
renewal  of  efforts  for  the  continuation  of  the  great 
work  which  he  has  undertaken,  the  most  effective 
consolation  in  the  great  and  cruel  sorrow  which  has 
just  overtaken  him.^  For  us,  the  recollection  of  your 
sojourn  will  remain  forever  a  bright  spot  in  the 
annals  of  our  country,  because  we  are  firmly  con- 
vinced that  it  has  opened  a  new  era  in  the  history  of 
international  relations  between  civilized  peoples." 

The  President  thereupon  declared  that  the  sessions 
of  the  Peace  Conference  were  closed,  and  that  the 
meeting  was  adjourned  without  day. 

1  The  death  of  the  Heir  Apparent,  Grand  Duke  George,  of  Russia, 
on  July  10. 


CHAPTER   VIII 

THE    BEARINGS    OF    THE    CONFERENCE    UPON    INTER- 
NATIONAL  LAW   AND   POLICY 

In  considering  the  bearings  of  the  Peace  Confer- The 
ence  and  its  results  upon  the  science  of  International  na^af con* 
Law  and  upon  the  future  policy  of  civilized  Powers,  ^"'^"^^*'°°- 
the  first  fact  which  must  be  borne  in  mind  is  that  the 
Conference  itself  should  be  regarded,  historically,  not 
as  the  outcome  of  a  sudden  impulse  on  the  part  of 
the  Emperor  of  Russia,  but  as  the  natural  and  almost 
inevitable   consummation    of   a   movement  and  ten- 
dency in  European  diplomacy  whose  beginnings  date 
back  to  the  Peace  of  Westphalia. 

When  the  Conference  was  first  called,  its  connec- 
tion with  the  intellectual,  scientific,  and  philosophic 
aspirations  for  universal  and  eternal  peace  was  em- 
phasized by  innumerable    articles   and    dissertations 
containing  a  great  display  of  erudition  and  research. 
It  seemed  difficult  even  for  the  daily  papers  to  discuss  Former 
the  rescript  of  the  Emperor  of  Russia  without  allu- Eternal 
sions  to  the  "Great  Plan"  of  Henry  IV.  and  Sully,  ^'^''■ 
the  Essay  of  William  Penn,  the  great  work  of  the 
Abbe  St.  Pierre,  and  the  famous  pamphlet  of  Kant 
on  "  Eternal  Peace."     It  cannot  be  denied  that  this 
view  had  a  certain  justification,  but  it  wholly  failed 

351 


;J.j2     the   peace    conference   at    the    HAGUE 

Chapter  viii  to  grasp  ail  essential  cliaracteristic  of  the  Peace  Con- 
Dipiomatic     fereiice,  to  wit :  its  diplomatic  nature.     The  gatlier- 
PeaceCon-     ii^g  ^t  The  Hagiic  was  tlie  lineal  descendant,  so  to 
ference.         speak,  iiot  of  the  innumerable  Peace  Congresses  held 
in  various  quarters  of   the  globe,  but  of    the  diplo- 
matic assemblies  called  for  the  purpose  of  solving  a 
present  problem,  and  of  furnishing  guarantees,  more 
or  less  permanent,  for  peace  between  the  Powers  rep- 
resented,—  beginning  with  the  Conferences  of  Miinster 
and  Osnabriick  in  1648,  including;  those  of  Utrecht 
in  1713,  of  Paris  in  1763,  and,  above  all,  the  Con- 
gress   of  Vienna   in    1815,    and    that   of    Berlin    in 
1878. 
Differences         The  vital  distiuctiou  between  these  fjjatherintrs  and 

between  it'  ,         -p,  ^        »  .  c 

and  the  tlic  Pcacc  Conference  at  The  Hague  is,  that  all  of 

Vienna,  Paris,  the  formcr  wcrc  held  at  the  end  of  a  period  of  war- 
and  Berhu.  {^^Q,  aiid  their  first  important  object  was  to  restore 
peace  between  actual  belligerents  ;  whereas  the  Peace 
Conference  was  the  first  diplomatic  gathering  called 
to  discuss  guarantees  of  peace,  without  reference  to 
any  particular  war,  —  past,  present,  or  prospective. 
All  of  the  other  gatherings  above  mentioned  also  had 
the  object  of  affording  guarantees  for  as  permanent 
a  peace  as  seemed  possible  at  the  time,  and  this  is 
notably  true  of  the  Congress  of  Vienna,  held  at  the 
close  of  the  Napoleonic  convulsion.  That  Congress, 
it  should  be  remembered,  fixed  the  general  outlines 
of  the  boundaries  between  European  nationalities  in 
a  manner  which  has  scarcely  been  disturbed,  the  one 
important  exception  being  the  annexation  of  Alsace- 
Lorraine  to  the  German  Empire.     The  problem  fol- 


BEARINGS    UPON  INTERNA  TIOXAL   LAW        :5r,:] 

lowing  the  fixing  of  these  general  lines  was  that  of  chapter  vni 
national  consolidation  under  the  freest  possible  insti- 
tutions, and  the  struggle  for  this  object  fills  the 
history  of  the  sixty  years  immediately  following  that 
historic  gathering.  When  national  unity  and  liberty 
had  been  gained  by  Germany  and  Italy,  the  most  of 
Europe  was  able  to  contemplate  what  certainly  seems 
to  be  a  stable  equilibrium  of  international  relations  ;  a  stable 
and  this  equilibrium  is  only  slightly  affected  by  the  attaiued. 
shifting  of  the  Franco-German  frontier  on  the  Vosges 
and  the  Rliine.  The  more  immediate  and  historic 
causes  of  friction  having  thus  been  removed,  no  in- 
superable obstacle  remained  to  a  federation  of  the 
civilized  Powers,  definitely  organized  for  purposes  of 
international  justice.  The  time  had  come  to  make 
the  expression  "  International  Law  "  a  reality,  instead 
of  the  cover  for  a  miscellaneous  collection  of  moral 
precepts  and  rules  of  intercourse. 

The  chief  obstacle  to  the  attainment  of  this  object  xoimpair- 
was  for  many  years  the  fear  that  it  implied  an  im- jJ^Jionjii 
pairment  of  national  power,  especially  for  defence.  ^^^^"^®- 
This  conviction  was  based  upon  a  curious  confusion 
between  cause   and   effect.     It  was  the   absence    of 
anything   worthy    to   be    called    International    Law 
which    made    universal    military    service    and    the 
highest   possible    efficiency   in  warlike    preparations 
necessary,  —  not   militarism   and   all  that  it  implies 
which  prevented  the  establishment  of  International 
Law\     During  the  lifetime  of  Prince  Bismarck  the 
system   of   universal   military  service   which,   under 
his  guidance,  had  achieved  such  brilliant  successes, 

2a 


Law. 


354     THE   PEACE    CONFERENCE   AT   THE    HAGUE 

Chapter  viii  .seemed  impregnable  even  so  far  as  scientific  discus- 
sion was  concerned.  To  doubt  its  efficiency  in  Ger- 
many almost  involved  an  accusation  of  treason,  and 
other  Continental  countries  followed  the  lead  of  the 
German  Empire  both  in  practice  and  in  theory.  In 
the  introduction  to  this  volume  reference  has  been 
made  to  the  extreme  timeliness  of  the  rescript  of  the 
Russian  Emperor  —  coming  after  the  death  of  Prince 
Bismarck  and  after  the  end  of  the  Spanish- American 
war,  and  at  a  time  when  the  shadow  of  a  most  tre- 
mendous problem  in  the  Far  East  was  darkening  the 
horizon  of  all  commercial  nations. 
The  Magna  The  application  of  historic  terms  or  definitions  to 

int'^rnationai  different  ideas  is  generally  hazardous,  but  it  is  diffi- 
cult to  find  any  valid  objection  to  the  use  of  the  term 
Magna  Charta  of  International  Law  for  the  treaty 
of  The  Hague  for  the  Pacific  Adjustment  of  Inter- 
national Differences.  The  significance  of  the  Magna 
Charta  of  England  lies  not  so  much  in  what  it  con- 
tained, as  in  what  it  signified.  It  was  the  basis  of 
all  future  development  of  English  civil  liberty,  which 
up  to  that  time  had  been  without  any  satisfactory 
legal  foundation.  In  the  words  of  its  greatest  his- 
torian "  the  whole  of  English  Constitutional  History 
is  little  more  than  a  commentary  on  Magna  Charta."  ^ 
It  is  not  necessary,  for  the  purpose  of  exalting  the 
Peace  Conference  and  its  work,  to  depreciate  the 
value  of  the  .science  of  International  Law  as  previ- 
ously understood ;  but  every  student  has  long  been 
well  aware  of  the  fact  that  in  the  absence  of  any 

^  Stubbs,  Conatll  alio  mil  Hiiitorij  of  Enr/land,  532. 


BEARINGS    UPON  INTERNATIONAL    LAW         355 

ultimate  legal  or  judicial  method  for  the  adj ustment chapter  vm 

of    international  differences,  the    science    itself    was 

bound   to   remain   fragmentary   and   ineffective.      It 

was  almost  as  though  municipal  law  had  contained 

only  rules  of  action  and  principles  of  justice,  but  had 

provided  no  method  by  which  these  principles  could 

be  vindicated  or  the  rules  carried  into  effect.     The 

keystone  to  the  arch  must  ever  be  the  provision  for 

a  peaceable  method  of  procedure,  however  incomplete 

or  unsatisfactory,  for  the  establishment  of  rights  and 

the  imposition  of  duties. 

Here  is  the  true  bearing  of  the  work  of  the  Peace  a  peaceable 
Conference  upon  International  Law.  The  provisions  procedure, 
of  the  latter  regarding  the  sovereignty  of  States,  the 
inviolability  of  their  chief  executives  and  representa- 
tives, the  rights  and  duties  of  aliens  and  citizens,  the 
provisions  regarding  national  territory  and  the  high 
seas,  and  those  regarding  treaties  and  contracts,  —  in 
other  words,  the  entire  body  of  International  Law  in 
peace  and  war,  —  are  all  bound  together  by  the  new 
treaty,  under  which  a  violation  of  rights  no  longer 
need  necessarily  lead  to  war,  but  can  be  litigated 
and  settled,  no  less  efficiently  because  peaceably. 
Whatever  fault  may  be  found  with  the  particular 
provisions  of  the  treaty,  the  latter  itself  must  remain 
the  nucleus  around  which,  by  discussion  and  adjudi- 
cation, a  more  perfect  body  of  law  is  sure  to  be 
framed.  A  text-book  of  International  Law  w^ithout 
a  careful  discussion  of  The  Hague  Treaty  for  the 
Peaceful  Adjustment  of  International  Differences  is 
hereafter  quite  as  unthinkable  as  a  history  of  Eng- 


356     THE   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  Yiii  lisli  Constitutional  Law  containing   no   reference  to 

Magna  Charta  or  the  Bill  of  Riglits. 
The  voluntary  Objection  may  be  made  to  this  analogy  on  the 
treaty^ "  ^  grouncl  tliat  inasmucli  as  all  the  proposed  substitutes 
for  war  in  tlie  treaty  are  left  entirely  to  the  volun- 
tary choice  of  the  belligerents,  no  real  advance  has 
been  made.  It  may  be  argued,  and  it  will  perhaps 
be  said  with  a  sneer,  that  there  never  was  any 
obstacle  in  the  way  of  governments  wishing  to  arbi- 
trate rather  than  to  fight,  and  that  the  mere  qualify- 
ing phrases  "as  far  as  possible,"  "as  far  as  circum- 
stances allow,"  etc.,  practically  nullify  the  value  of 
the  articles  in  which  they  are  contained.  Objections 
such  as  these  are  equivalent  to  a  denial  of  the  possi- 
bility of  any  advance  in  International  Law.  Brief 
reflection  will  convince  even  the  severest  critic  that 
the  only  other  alternative  to  a  voluntary  system  of 
arbitration  must  necessarily  include  a  sanction,  in  the 
shape  of  an  executive  power  or  authority  with  suffi- 
cient force  to  compel  adherence  to  an  agreement  for 
arbitration.  A  few  advocates  of  the  idea  have  even 
gone  so  far  as  to  suggest  the  establishment  of  an 
international  army,  to  act  as  an  executive  force  of 
the  proposed  international  court,  compelling  obedi- 
ence to  its  mandates.  This  would,  of  course,  mean 
a  vital  impairment  of  the  sovereignty  of  all  States 
agreeing  to  such  a  plan,  and  it  would  lead  directly 
to  a  cosmopolitanism,  than  which  nothing  could  have 
been  farther  from  the  ideas  of  the  framers  of  The 
Hague  Treaty.  They  were  careful  to  leave  the  sov- 
ereignty of    each    State   absolutely  unimpaired,  and 


publio 
pinion. 


BEARINGS    UPON  INTERNATIONAL   LAW         357 

trusted  exclusively  to  the  force  of  public  opinion  and  chapter  vui 
the  piil)lic  conscience  for  a  sanction  to  enforce   the 
mandates  of  the  newly  established  Court. 

The  irresistible  force  of  enlightened  public  opinion  The  force  of 
is  probably  felt  more  acutely  in  the  United  States  [,' 
and  England  than  on  the  Continent,  and  that  this 
public  opinion  would  ever  sanction  a  defiance  of  a 
righteous  decree  of  the  international  court  of  arbitra- 
tion is  almost  unthinkable.  Moreover,  the  force  of 
public  opinion  in  the  civilized  world  will  be  felt  in 
each  separate  State,  and  responsible  statesmen  will 
be  compelled  to  explain  hereafter  in  every  instance 
why  they  do  not  arbitrate  or  have  recourse  to  peace- 
able methods  of  settlement  of  a  controversy.  To 
use  the  happy  phrase  of  Baron  d'Estournelles,  "  War 
has  now  Ijeen  solemnly  characterized  as  a  conflagra- 
tion, and  every  responsible  statesman  has  been  ap- 
pointed a  fireman,  with  the  first  duty  of  putting 
it  out  or  preventing  its  spread."  That,  notwith- 
standing all  these  precautions,  public  passion  may 
hereafter  prove  to  be  as  potent  an  influence  for 
war  as  the  intrigues  of  monarchs  and  diplomats  in 
the  past,  may  be  admitted,  but  it  is  only  another 
mode  of  saying  that  human  passions  and  human 
nature  cannot  be  changed  by  any  provision  of  law 
or  treaty,  however  elaborate  or  however  solemn. 
While,  therefore,  expectations  should  be  moderate 
and  prediction  not  too  optimistic,  there  is  absolutely 
no  ground  for  despondency  or  even  discouragement. 
To  continue  once  more  the  simile  of  Emrlish  Consti- 
tutional  development,  the  signing  of  Magna  Cliarta 


358     THE  PEACE   CONFERENCE   AT   THE   HAGUE 


Ultimate 

effects  inde- 

penrtent  of 

temporary  or    ^^    j^^^|    COllditioDS 


Chapter  VIII  was  by  110  iiieaiis  a  finality,  and  tyranny  and  oppres- 
sion were  often  rampant  in  England  afterward  as 
before.  It  was,  however,  followed  in  due  time  by 
the  Petition  of  Right,  the  Habeas  Corpus  Act,  and 
the  Bill  of  Rights,  and  the  great  edifice  of  Anglo- 
Saxon  civil  liberty  all  over  the  world  indicates  at 
least  the  possibilities  of  what  may  hereafter  arise 
upon  the  foundations  laid  at  The  Hague. 

The  ultimate  effects  of  the  Conference  upon  Inter- 
national   Law  are   quite  independent  of    temporary 

History  teaches  nothing   more 

ouditious.  clearly  than  that  great  ideas  are  generally  nearest 
their  fulfilment  when  superficial  observers,  even  those 
of  great  philosophical  acumen,  consider  this  very 
end  to  be  hopelessly  remote.  Moreover,  des^^erate 
attempts  to  justify  the  continued  existence  of  an 
abuse,  such  as  the  indefinite  increase  of  military 
burdens,  usually  denote  the  beginning  of  the  end. 
Even  granting  that  this  view  may  be  too  sanguine, 
it  cannot  be  doubted  that  the  favorable  impression 
left  by  the  Peace  Conference  upon  the  Governments 
concerned  will  tend  to  induce  the  calling  of  future 
Conferences  on  particular  subjects.  It  will  hardly 
be  denied  that  every  international  attempt  to  regu- 
late or  solve  social  or  political  problems  is  a  step  in 
advance,  however  modest,  in  the  building  up  of  Inter- 
national Law,  —  often,  indeed,  in  direct  opposition 
to  the  purposes  of  the  particular  originators.  This 
follows,  quite  apart  from  the  results  attained,  from 
the  mutual  recognition  implied  and  manifested  in 
free  and  open  discussion. 


Future 
Conferences 


BEARINGS    UPON  INTERNATIONAL   LAW        359 

One  of  the  most  immediate  and  practicable  develop- chapter  viii 
ments  in  the  making  of  International  Law  which  may  a  code  of 
reasonably  be  anticipated,  is  a  thorough  scientific  ^  '  ^ ' 
definition  and  elaboration  of  the  rights  and  duties 
of  Neutral  Powers,  in  accordance  with  the  "wish" 
adopted  by  the  Conference  on  motion  of  the  first 
delegate  from  Luxemburg.^  No  branch  of  Inter- 
national Law  is  in  greater  need  of  precise  formulation. 
The  very  idea  of  neutrality  is  of  comparatively  mod- 
ern origin,  —  it  was  not  mentioned  by  Grotius  and  is 
first  referred  to  by  Bj^nkershoek.  In  the  nineteenth 
century  it  assumed,  for  the  first  time,  a  practical  and 
immediate  importance,  and  at  the  time  of  the  Peace 
Conference  the  possibility  of  an  alliance  between  the 
minor,  and  so-called  Neutral  Powers  of  Europe,  for 
the  protection  of  their  joint  and  separate  interests, 
above  all  of  peace,  was  seriously  mooted.  Such  an 
alliance  might  easily  have  a  determining  influence 
in  a  great  European  crisis,  and  its  realization  would 
encounter  obstacles  which,  while  they  are  undoubt- 
edly great,  could  hardly  be  called  insurmountable. 
This  will  be  rendered  superfluous  if  the  wish  of  the 
Peace  Conference  is  fulfilled,  and,  beyond  doubt,  the 
most  promising  field  for  international  jurists  to-day 
is  in  this  direction.  The  elaboration  of  a  "  Code  of 
Neutrality,"  as  it  was  called  at  Delft  by  President 
Asser  of  the  Institute  of  International  Law,  should 
be  the  first  addition  to  the  Magna  Charta  of  The 
Hague. 

It   will   be   noted   that    the   Conference   has   not 
^  See  ante,  p.  138. 


360     THE  PEACE   CONFERENCE  AT   THE   HAGUE 

Chapter  VIII  attempted  to  change  the  theory  of  International  Law 
The  theory  of  ill  any  rcspcct,  iior  did  it  seek  to  modify  theoretical 
ptMcean  ^^  abstract  views  of  peace  or  war.  Reference  has 
already  been  made  to  the  omission  to  denounce  or 
even  to  emphasize  the  horrors  of  warfare.  The 
attitude  of  the  Conference  toward  war  in  the 
abstract  was  eminently  practical,  and  it  should  be 
most  emphatically  stated  that  it  did  not,  even  by 
implication,  indorse  the  view  that  war  is  always  and 
necessarily  an  evil  or  a  wrong.  It  may  be  doubted 
whether  a  single  member  of  the  Conference  would 
hesitate  to  indorse  the  eloquent  words  of  James  Mar- 
tineau,  that  "  the  reverence  for  human  life  is  carried 
to  an  immoral  idolatiy,  when  it  is  held  more  sacred 
than  justice  and  right,  and  when  the  spectacle  of 
blood  becomes  more  horrible  than  the  sight  of  deso- 
lating tyrannies  and  triumphant  hypocrisies.  .  .  . 
We  have  therefore  no  more  doubt  that  a  war  may 
be  right  than  that  a  policeman  may  be  a  security  for 
justice,  and  we  object  to  a  fortress  as  little  as  to  a 
handcuff."  ^  Similarly  the  work  of  the  Conference 
implies  a  definition  of  the  word  "  peace,"  meaning 
infinitely  more  than  the  negation  of  all  violence. 
This  idea,  —  which  may  be  regarded  as  the  purely 
sentimental  and  non-resistance  definition  of  peace, 
—  if  adopted  seriously  by  a  federation  of  nations, 
would  simply  mean  the  indefinite  preservation  of. 
the  status  quo,  or  at  least  the  impossibility  of  any 
change  except  by  unanimous  consent.  It  would  be, 
of  all  possible  policies,  the    most   preposterous   and 

^  Studies  of  Ckristkmiti/,  p.  352. 


BEARINGS    UPON  INTERNATIONAL   LAW        'Mil 

immoral,  for  it  would  abandon  civilization  itself  to  Chapter  vm 
the  mercy  of  the  worst  existing  government. 

That  Peace  which  was  the  ultimate   goal  of   the  The  true 

...      (letinition  of 

Conference  must  be  defined  dmerently :  it  is  the  "Peace." 
result  of  the  reign  of  law  and  justice  in  inter- 
national relations  —  the  realization  of  that  right- 
eousness which  exalteth  a  nation;  and  only  ignorance 
or  wilful  blindness  can  deny  the  fact  that  this  has 
often  been  approximated,  if  not  achieved,  as  the 
result  of  horrible,  bloody,  and  most  lamentable 
warfare. 

Under  this  definition  peace,  so  far  from  being  international 
merely  the  pet  comfort  of  dreamers  and  weaklings,  j^gJ-JJ^® 
becomes  at  once  the  true  ideal  of  the  bravest  soldier 
and  of  the  most  far-seeing  statesman.  It  no  longer 
sue-erests  national  weakness  or  unreadiness,  but  on 
the  contrary  it  encourages  the  highest  efficiency,  and 
everything  which  goes  to  make  true  national  strength. 
The  principles  of  international  punitive  justice  can- 
not be  codified  or  even  formulated  with  precision, 
but  their  existence  and  momentous  significance  is  not 
denied  or  ignored,  even  by  implication,  by  any  act  of 
the  Peace  Conference.  In  view  of  the  participation 
of  Turkey  and  China,  this  fact  is  of  special  and  essen- 
tial importance,  and  it  also  bears  directly  upon  the 
vast  problem  of  the  ultimate  control  and  government 
of  the  tropics. 

At  the  beginning  of  the  new  century  there  is  an  The  struggle 
unmistakable  and  almost  instinctive  groping  for  in- ^^^^^^._^^ 
creased  external  power  on  the  part  of  all  the  great 
nations  of  the  world.     To  examine  the  philosophical 


W2     THE   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  VIII  and  psycliological  causes  of  this  tendency,  which 
seems  to  have  taken  the  intellectual  leaders  of  the 
world  completely  unawares,  would  be  a  fascinating 
task,  for  which  this  is  neither  the  occasion  nor  the 
place. ^  It  is,  however,  absurd  and  fatuous  to  deny 
either  its  existence  or  its  force.  With  weak  or  un- 
scrupulous leadership,  this  movement,  which  undoubt- 
edly has  a  commercial  and  material,  as  well  as  an 
intellectual  background,  may  easily  become  the  cover 
for  sordid  cruelty  and  selfish  outrage.  Believing  it 
to  be  nothing  more,  superficial  critics  and  moralists, 
especially  the  survivors  of  the  commercial  or  "  Man- 
chester" school  of  thought  of  the  last  generation, 
have  denounced  it  with  a  vehemence  which  is  as 
truculent  as  it  is  unavailing. 
The  moral  The  uioral  qucstious  involved  in  the  relations  of 

?nvoived^  pcoplcs,  especially  between  those  of  materially 
different  grades  of  civilization,  constitute  what  is 
perhaps  the  most  difficult  theme  of  ethics.^  In  no 
sphere  of  thought  is  clearness  and  precision  more 
indispensable,  and  the  moral  as  well  as  the  political 
problems  which  it  contains  constitute  the  highest 
tasks  of  the  statesmen  of  the  future.  The  Peace 
Conference  certainly  did  not  condemn  the  struggles 
which  must  necessarily  precede  the  triumph  of  a 
higher   civilization  over   that  of  a  lower  type,  and 

1  A  most  interesting  and  suggestive  essay  on  this  subject  by  Dr. 
Hilty,  entitled  "  Fin  de  Siecle,"  will  be  found  in  his  Jahrbuch,  1899. 
See  also  Eucken,  Die  Lehensanschauungen  der  grossen  Denker,  483. 

'^  It  is  treated  with  classical  brevity  and  clearness  by  the  late  Chan- 
cellor Riimelin  of  the  University  of  Tubingen,  in  his  address  Ueber 
das  Verhaltniss  der  Politik  zur  Moral,  1  Reden  und  Aufsatze,  144. 


BEARINGS    UPON  INTERNATIONAL   LAW         363 

which  advancing  standards  of  conduct  may  soften,  Chapter  viii 
but  can  never  wholly  prevent.  Modern  civilization 
cannot  regard  the  existence  of  uncivilized  or  half- 
civilized  forces  with  the  indifference  of  a  St.  Simon 
Stylites,  nor  will  it  any  longer  consider  them  from 
a  purely  commercial  or  missionary  point  of  view. 
Moreover,  it  would  be  recreant  to  its  trust  if  it  did 
not  forestall  real  and  threatening  dangers  by  judi- 
cious and  energetic  aggression.^  This  duty  is  not  Aggression 
affected  by  the  imputation  of  base  motives,  or  by 
sneers  about  the  necessary  assumption  of  superiority, 
having,  perhaps,  no  theoretical  justification.  Had 
the  Peace  Conference  supported  a  contrary  view,  even 
by  implication,  its  work  would  have  been  antiquated 
before  it  had  ever  taken  effect.'^ 

On  the  other  hand,  the  work  of  the  Conference  is, 
of  course,  in  direct  and  uncompromising  opposition 

^  See  Schlief,  Der  Friede  in  Europa,  21. 

Professor  H.  von  Hoist,  in  his  Constitutional  History  of  the  United 
States,  in  discussing  the  Mexican  War  of  1846,  — a  classical  example 
of  aggression,  justifiable  on  the  highest  grounds,  yet  presenting  many 
of  the  difficult  problems  referred  to  in  the  text,  —  uses  this  language  :  — 

"  Might  does  not  in  itself  make  right,  but  in  the  relations  of  nations 
and  states  to  each  other,  it  has,  in  innumerable  instances,  been  justi- 
fiable to  make  right  bow  before  might.  In  whatever  way  the  ethics 
of  ordinary  life  must  judge  such  cases,  history  must  try  them  in  the 
light  of  their  results,  and  in  so  doing  must  allow  a  certain  validity  to 
the  tabooed  principle  that  the  end  sanctifies  the  means.  Its  highest 
law  is  the  general  interest  of  civilization,  and  in  the  efforts  and  strug- 
gles of  nations  for  the  preservation  and  advancement  of  general  civiliza- 
tion, force,  not  only  in  the  defensive  form  but  also  in  the  offensive  is  a 
legitimate  factor."     (Vol.  III.,  Lalor's  translation,  p.  271  ff.) 

And  see  Ililty  on  the  Spanish-American  AVar,  Jalirhuch,  1899, 126  ff., 
as  well  as  Brooks  Adams'  America's  Economic  Supreniacij. 

2  See  Captain  Mahan's  articles  on  "  The  Peace  Conference  and  the 


:i(il  THE   PEACE    CONFERENCE   AT   THE   HAGUE 

Chapter  Yiii  to  (lie  icU'cis  of  tliG  "  baiTack-trainecl "  pseudopliiloso- 
xejrationof  pliers,  especially  in  Germany,  ^vllo  have  attempted 
1;!^''^'; p'yjSl'ive to  regard  war  as  a  '' positive  good,"  a  "necessary 
good."  element  in  the  Divine  Government  of  the  world,"  — 

in  a  sense  different  from  pestilence,  famine,  or  evil 
in  general.^     Argument  seems  wasted  upon  adherents 
of  this  view.     It  may,  however,  be  said  that  he  who 
draws  a  theoretical  distinction  in  favor  of  the  horrors 
of  war  as  compared  with  other  inevitable  evils  afflict- 
ing mankind,  scarcely  occupies  a  higher  point  of  view 
than  those  cannibals  who  measure  the  extent  of  the 
blessings  expected  from  their  idol  by  the  number  of 
victims  offered  at  its  shrine. 
Thefedera-         The  federation  of  the  world,  —  for  justice  and  for 
world  for^      every  universal  civilized  interest,  —  that  is  the  idea 
justice.  Avhicli  found  its  best,  if  not  its  first,  illustration  in  the 

Peace  Conference.  The  latter  exemplified  something 
akin  to  federal  cooperation,  on  the  part  of  the  Powers 
having  a  disparity  of  size  and  strength  measured  by 
the  difference  in  this  respect  between  Eussia  and 
Luxemburg,  or  the  United  States  and  Servia,  and 
havino;  interests  as  diverse  as  those  of  Switzerland 
and  Siam.  They  could  all  act  together  efficiently 
and  amicably  on  the  one  secure  basis  of  equality  in 
International  Law.     It  was  the  direct  negation  and 

Moral  Aspect  of  AVar,"  in  his  Lessons  of  the  War  irith  Spain,  and  other 
Essai/s,  207,  and  especially  a  remarkable  letter  from  General  William 
T.  Sherman  to  General  Meigs,  quoted  on  p.  237. 

See  also  the  admirable  book  of  Professor  Charles  Waldstein,  The 
Expansion  of  Western  Ideals  and  the  World's  Peace,  1899. 

1  Upon  this  subject  see  Schlief's  chapters  Der  Krieg  als  Element 
der  fjiitllichen  Weltordnung,  and  Der  Krieg  als  positives  Gut. 


BEARINGS    UPON  INTERNATIONAL   LAW         :5(j5 

opposite  extreme  of  the  ideca  of  ca  World-Empire,  as  Chapter  viii 
attempted  by  CiBsar  and  Napoleon. 

Placing  sound  and  self-reliant  national  patriotism 
far  above  the  vague  cosmopolitanism  of  sentimental 
dreamers,  it  still  subordinates  the  interests  of  any  one 
people  to  the  higher  concern  of  humanity  at  large. 
Recognizing  to  its  fullest  extent  the  trusteeship  of 
civilized  peoples  for  those  beyond  the  pale,  —  the 
"white  man's  burden"  and  "manifest  destiny,"  in 
the  true  sense  of  those  much-abused  terms,  the  spirit 
of  the  Peace  Conference  cainiot  be  invoked  to  justify 
a  sordid  policy  of  rapacity  or  greed. 

In  a  sense  which  surely  corresponds  to  the  inten- Development 

f    •        -r  .    -.    -f     .    .  !/-<(•  1         "^  ^^^^'  ideas  of 

tions  01  its  Imperial  initiator,  the  Conierence  takes  tbeUoiy 
up  the  ideas  of  the  Holy  Alliance  of  1815.  Notwith- '^"^'*''''- 
standing  the  infamies  perpetrated  under  the  cover 
of  its  name  in  the  bitter  and  hopeless  struggle  of 
tyranny  against  liberty,  that  treaty  still  deserves 
honorable  mention  in  the  history  of  the  world's 
progress  toward  peace  and  justice.  It  represented,  at 
the  time,  the  l^est  expression  which  had  jQi  been  given 
to  the  fundamental  truth  that  a  solidarity  of  interest 
unites  all  civilized  Powers,  and  that  this  fact,  as  well 
as  the  higher  law  of  Righteousness  demands  the  estab- 
lishment of  a  system  of  justice  to  take  the  place  of 
anarchy  and  force  in  their  ordinary  relations.  The 
Magna  Charta  of  The  Hague  carries  out  his  thought 
within  safe  and  practicable  limits,  —  omitting  the 
mysticism  and  bigotry  which  have  prejudiced  the 
opinion  of  the  world,  even  against  those  aims  of  the 
Holy  Alliance  which  were  both  noble  and  reasonable. 


366     THE  PEACE   CONFERENCE   AT   THE  HAGUE 

Chapter  VIII  It  is  casy  and  rather  gratuitous  to  prophesy  against 
stability.  the  Stability  of  such  a  system.  When  it  is  remem- 
bered that  the  Feudal  System  lasted  for  centuries 
after  its  work  seemed  to  be  fulfilled,  and  that  the 
same  is  true,  to  a  modified  extent,  of  the  succeeding 
period  of  "  enlightened  despotism,"  it  seems  rash  to 
indulge  in  pessimistic  forecasts  regarding  the  future 
of  modern  constitutional  government,  which  is  hardly 
one  century  old.  The  greatest  perils  of  the  modern 
state  are  acknowledged  to  be  internal: — reaction, cleri- 
calism, materialism,  and  the  power  of  unrest,  super- 
ficially characterized  by  such  mutually  exclusive  terms 
as  socialism  and  anarchism.  It  is  a  significant  fact 
that  all  of  these  interests,  so  far  as  they  are  aggres- 
sive and  revolutionary,  should  have  united  in  the 
bitterest  and  most  truculent  hostility  to  the  Peace 
Effect  on  the  Conference  and  all  that  it  im2:)lies.  More  far-sighted 
confronting  than  many  of  their  opponents,  whose  support  of  the 
Modern  Conference  was  scarcely  lukewarm,  these  forces  recog- 
nized  in  the  success  of  the  former  the  destruction  of 
the  basis  of  their  existence  and  the  death-knell  of 
their  hopes. 

This  would  be  the  case  even  without  the  tremen- 
dous  material  blessings  which  would  be  made  possi- 
ble by  a  diversion  of  the  huge  sums  now  swallowed 
up  for  military  uses,  to  the  fructification  of  civil  life, 
and  the  encouragement  of  general  culture.  The  sub- 
stitution of  law  for  force  in  international  relations 
will,  according  to  the  measure  of  its  accomplishment, 
affect  the  thoughts  and  minds  of  individuals  as  pro- 
foundly as  the  ideas  of  religious  tolerance  or  civil 


BEARINGS    UPON  INTERNATIONAL   LAW        367 

liberty.  The  glamour  of  the  supposed  superior  Chapter  vin 
strength  of  reactionary  government,  or  of  the  com- 
forts of  superstition  will  be  gone,  Faith  will  revive,  the 
"  struggle  for  the  soul  "  will  be  won,  and  general  dis- 
content, the  basis  of  all  unrest,  must  correspondingly 
diminish.  To  those  who  believe  that  the  perfecting 
of  man  is  "  the  goal  toward  which  Nature's  work  has 
been  tending  from  the  first,  .  .  .  the  chief  object  of 
Divine  care,  the  consummate  fruition  of  that  creative 
energy  which  is  manifested  throughout  tlie  knowable 
universe,"^  —  this  will  all  appear  as  following  logi- 
cally from  the  undeniable  fact  that  the  Peace  Confer- 
ence represents  one  step  —  however  modest  —  in  the 
upward  progress  of  the  world. 

The  practical  objection  has  been  raised  against  the  xhe  future 
endeavors  of  the  Cdnference,  that  if  successful,  they  "^  *^'P^°"*^y* 
would  mak,e  Diplomacy  superfluous,  or  substitute  a 
race  of  international  pettifoggers  for  the  eminent 
experts  in  an  art  which  it  has  taken  centuries  to 
perfect.  It  may  be  questioned  whether  the  miscon- 
ception which  is  the  basis  of  this  objection  relates 
more  to  the  nature  of  The  Hague  treaty  or  to  that  of 
Diplomacy. 

Taking  the  fine  definition  of  Rodbertus  of  the  art 
of  politics,  "  the  royal  art  of  ascertaining  and  accom- 
plishing the  will  of  God  "  —  "  making  reason  and  the 
will  of  God  prevail,"  as  Bishop  Wilson  and  Matthew 
Arnold  would  express  it.  Diplomacy  nnist  be  regarded 
as  one  of  its  noblest  branches.  Its  highest  manifesta- 
tion, tact,  is  the  flower  of  all  human  culture,  physical, 

1  John  Fiske,  The  Destiny  of  Man,  107. 


368     THE   PEACE   CONFERENCE   AT   THE  HAGUE 

Chapter  VIII  intellectual,  and  moral,  and  to  be  an  ideal  diplomat  is 
rightly  the  ambition  of  many  of  the  world's  true  aris- 
tocrats. The  popular  definition,  however,  "a  diplo- 
mat is  a  man  sent  abroad  to  lie  for  his  country," 
shows  the  seamy  side  of  the  picture,  and  should  reas- 
sure those  who  profess  to  fear  a  deterioration  of  the 
profession  from  its  present  standards.  The  truth  is 
evident,  that,  even  without  the  Peace  Conference,  a 
radical  change  was  impending. 

The  era  of  mystery  and  exclusiveness  in  diplomacy 
is  even  now  at  an  end,  and  the  finality  of  the  change 
was  recosjnized  forever  when  the  most  autocratic  of 
Empires,  and  the  one  most  successful  in  the  diplo- 
macy of  the  old  school,  made  an  alliance  with  a 
Republic  whose  foreign  minister's  tenure  of  office 
depends  upon  a  parliamentary  majority. 
Higher  Uiidcr  tlicsc  circumstaiiccs  it  seems  most  fortunate 

onTracmiouai  ^^i^t  at  tlic  vcry  time  when  the  old  order  is  changing, 
the  foundation  should  be  laid  of  a  system  which  will 
encourage  an  even  higher  development  along  tradi- 
tional diplomatic  lines.  To  say  that  the  new  system 
will  make  diplomacy  unnecessary  is  simply  absurd. 
"With  the  adoption  of  jNIagna  Charta  and  the  develop- 
ment of  English  Constitutional  law,  the  rude  clerics 
who,  before  King  John's  time,  had  assisted  the  ruder 
litigants,  were  superseded  by  the  glorious  company 
of  English  jurists,  whose  services  to  the  cause  of 
liberty  can  hardly  be  overestimated.  The  change  in 
Diplomacy  will  be  similar. 

For  all  the  shrewdness,  the  tact,  patience,  social 
grace,  and  "repose  in  energy,"  which  have  hitherto 


lines. 


BEARINGS    UPON  INTERNATIONAL   LAW        3G9 

been  the  chief  characteristics  of  a  successful  diplomat,  chapter  viii 
there  will  be  a  greater  demand  than  cver.^  Besides 
this  there  will  now  be  sought  the  learning,  and  above 
all  tlie  power  of  expression,  which  can  vindicate  a 
country's  cause,  if  necessary,  before  the  judgment 
seat  of  a  tril)iinal  representing  to  an  infinitely  higher 
degree  than  was  hitherto  possible  the  idea  of  inter- 
national justice.  Nothing  could  be  more  disastrous 
than  pettifogging,  for,  in  view  of  their  possible  sub- 
mission to  tlie  International  Court,  important  diplo- 
matic notes  must  hereafter  be  of  a  nature  to  bear 
the  refining  fire  of  examination  and  discussion  by  a 
body  of  experts  in  all  civilized  countries,  who  will 
have  a  personal  and  scientific  interest  in  the  Corjnis 
Juris  Gentium  to  be  promulgated  at  The  Hague.  Of 
such  a  body  it  may  well  be  said  :  — 

Securus  judicat  orbis  terrarum. 

To  the  question,  what  remains  to  be  done  to  insure  what  remains 
the  success  of  the  work  of  the  Peace  Conference,  the 
reply  is  quite  obvious.  Public  opinion  remains  the 
final  source  of  power  and  success  in  public  affairs  — 
for  an  institution  as  well  as  for  an  individual.  To 
the  creation  of  favorable  public  opinion  every  intelli- 
gent and  patriotic  man  or  woman  in  the  civilized 
Avorld  is  called  to  contribute  his  or  her  share,  be  it 
great  or  small.  The  response  of  the  English-speak- 
ing public  to  this  call  has  never  been  doubtful.     But 

1  See  Rolin-Jacqueinins,  Revue  de  droit  international  et  de  legislation 
comjiaree,  V.  p.  4GiJ ;    and  Pradier-Fodere,  Cours  de  droit  diplomatique. 
Vol.  I.  p.  17  ff.,  and  Vol.  II.  p.  :50:i  ff. 
2b 


370      THE  PEACE   CONFERENCE   AT   THE   HAGUE 

Chapter  VIII  even  in  those  Continental  countries  where  dense  igno- 
rance, insipid  wit,  and  the  silliest  sarcasm  seemed  to 
take  the  place  of  intelligent  and  decent  discussion  of 
the  Conference  and  its  Avork,  there  are  signs  of  dawn 
and  enlightenment. 
The  Govern-        It  is  most  cncouraging  and  of  the  highest  impor- 
advance  of     tancc  that  upou  the  whole  Continent  the  Governments 
ophiion  '^^'^  apparently  in  advance  of  public  opinion  upon  the 

entire  subject  of  the  Peace  Conference.  The  reason 
is  not  far  to  seek.  No  man  who  is  fit  for  the  position 
can  to-day  hold  a  place  involving  the  direction  of 
his  country's  international  policy,  without  feeling  an 
almost  intolerable  pressure  of  responsibility.  To  him 
every  remote  chance  of  a  lightening  of  his  burden 
comes  as  a  promise  of  blessed  relief.  It  is  an  histori- 
cal fact,  that  none  of  the  obstacles  to  success  which 
the  Peace  Conference  had  to  overcome,  originated  in 
the  mind  of  any  sovereign  or  high  minister  of  state. 
In  every  case  they  were  raised  by  underlings  without 
responsibility,  and  anxious  to  show  superior  wisdom 
by  finding  fault.  So  long  as  this  favorable  govern- 
mental attitude  continues  there  is  every  reason  for 
encouragement.  Continental  public  opinion,  espe- 
cially in  questions  of  foreign  policy,  certainly  seems 
more  pliable  than  ever  before,  and  is  as  clay  in  the 
hands  of  a  potter,  so  far  as  alliances  and  sympathies 
are  concerned,  when  following  a  popular  monarch  or 
foreio:n  minister. 
The  Institute       The  Institute  of  International  Law    and    similar 

of  Interna-  .         .  i  r  ,  •         •  i       •    • 

tionaiLaw.     Organizations  may  be  oi  great  service  m  popularizing 
the  subject,  and  in  perfecting  the  details  of  practice 


. eucourage- 


BEARINGS    UPON  INTERNATIONAL  LAW        371 

before  the  International  Court.  Much  will,  moreover,  Chapter  vni 
depend  upon  the  attitude  of  the  professors  of  Inter- 
national Law  at  the  various  universities.  The  cooper- 
ation of  some  of  the  highest  academical  authorities 
upon'the  subject  at  The  Hague,  may  tend  to  save  the 
entire  work  from  attacks  or  indifference  based  upon 
personal  j)rejudices  or  professional  jealousies,  which 
might  have  arisen  if  the  treaty  had  been  elaborated 
only  by  diplomats. 

In  conclusion  the  author  can  only  remind  those  Reasons  for 
whose  pessimism  is  proof  against  all  the  signs  of  meat, 
promise  contained  in  the  story  told  in  this  volume,  of 
the  best  and  most  reasonable  ground  for  encourage- 
ment as  to  the  future,  namely  :  the  record  of  what 
has  even  now  been  accomplished.  Any  one  who  would 
have  predicted^  even  as  late  as  July,  1898,  that  a 
Conference  would  meet  and  accomplish  even  a  frac- 
tion of  the  results  attained  at  The  Hague,  —  that  the 
subject  of  a  federation  of  the  civilized  world  for 
justice  would  even  be  discussed,  not  by  enthu- 
siasts and  private  individuals,  but  by  leading  diplo- 
mats of  all  civilized  nations,  called  together  for  that 
purpose  by  the  most  powerful  autocrat  in  the  world, 
—  would  have  been  regarded  as  a  dreamer,  if  not  as 
demented.  At  the  beginning  of  the  Conference  the 
members  themselves  were  affected  by  the  prevalent 
scepticism,  suspicion,  and  discouragement.  It  was, 
however,  most  interesting  to  observe  how,  from  week 
to  week,  and  almost  from  day  to  day,  this  feeling 
gave  way  to  a  spirit  of  hope,  of  mutual  confidence, 
and  of  pride  at  participating  in  what  w^as  at  once  a 


372      THE   PEACE    CONFERENCE   AT    THE   HAGUE 

Chapter  VIII  gruiid  consiimiTiation  and  an  auspicious  beginning. 
It  is  not  too  much  to  hope  that  this  spirit  fore- 
shadowed the  ultimate  judgment  of  history. 

Conclusion.  No  ouc  cau  be  more  conscious  of  the  incomplete- 
ness and  imperfections  of  the  work  of  the  Peace 
Conference  than  the  members  of  that  body,  who  can 
at  least  claim  that  they  have  labored  faithfully  to 
approach  a  high  ideal.  No  temporary  disappointment, 
misunderstanding,  or  discouragement  can  obscure  the 
fundamental  truth  which  the  Peace  Conference  and 
its  results,  as  indeed  all  human  history,  tends  to  illus- 
trate, a  truth  upon  which  all  human  institutions  and 
endeavors  and  the  nations  themselves  must  forever 
rest : — 

JUSTITIA    ELEVAT    GENTEM. 


APPENDIX  I 

FULL  TEXT  OF  THE  FINAL  ACT,  TREATIES, 

AND  DECLARATIONS  ADOPTED  BY 

THE  PEACE  CONFERENCE 


ACTE     FINAL     DE     LA    CONFERENCE     INTER- 
NATIONALE   DE    LA    PAIX 

La  Conference  Internationale  de  la  Paix,  convoquee 
dans  un  haut  sentiment  d'liumanite  par  Sa  Majeste  I'Em- 
pereur  de  Toutes  les  Russies,  s'est  reunie,  sur  Tinvitation 
du  Gouvernement  de  Sa  Majeste  la  Reine  des  Pays- 
Bas,  a  la  Maison  Royale  du  Bois  a  La  Haye,  le  18  Mai, 
1899. 

Les  Puissances,  dont  Tenumeration  suit,  ont  pris  part 
a  la  Conference,  pour  laquelle  elles  avaient  designe  les 
Delegues  nommes  ci-apres  :  — 

(Noms.) 

Dans  une  serie  de  reunions,  tenues  du  18  Mai  au  29 
Juillet,  1899,  oil  les  Delegues  precites  ont  ete  constam- 
ment  animes  du  desir  de  realiser,  dans  la  plus  large  mesure 
possible,  les  vues  genereuses  de  I'auguste  Initiateur  de  la 
Conference  et  les  intentions  de  leurs  Gouvernements,  la 
Conference  a  arrete,  pour  etre  soumis  a  la  signature  des 
Plenipotentiaires,  le  texte  des  Conventions  et  Declarations 
enumerees  ci-apres  et  annexees  au  present  Acte  :  — 

I.  Convention  pour  le  reglement  pacifique  des  confiits 
internationaux. 

II.  Convention  concernant  les  lois  et  coutumes  de  la 
guerre  sur  terre. 

III.  Convention  pour  I'adaptation  a  la  guerre  maritime 
des  principes  de  la  Convention  de  Geneve  du  22  Aout, 
1864. 


374 


FINAL  ACT    OF  THE   INTERNATIONAL  PEACE 
CONFERENCE 

The  International  Peace  Conference,  convoked  in  the 
best  interests  of  humanity  by  His  Majesty  the  Emperor 
of  All  the  Russias,  assembled  on  the  invitation  of  the 
Government  of  Her  Majesty  the  Queen  of  the  Nether- 
lands in  the  Royal  House  in  the  Wood  at  The  Hague,  on 
the  18th  May,  1899. 

The  Powers  enumerated  in  the  following  list  took  part 
in  the  Conference,  to  which  they  appointed  the  Delegates 
named  l)elow  :  — 

(Names.) 

In  a  series  of  meetings,  between  the  18th  May  and  the 
29th  July,  1899,  in  which  the  constant  desire  of  the  Dele- 
gates above  mentioned  has  been  to  realize,  in  the  fullest 
manner  possible,  the  generous  views  of  the  august  Initiator 
of  the  Conference  and  the  intentions  of  their  Govern- 
ments, the  Conference  has  agreed,  for  submission  for 
signature  by  the  Plenipotentiaries,  on  the  text  of  the 
Conventions  and  Declarations  enumerated  below  and 
annexed  to  the  present  Act :  — 

I.  Convention  for  the  peaceful  adjustment  of  inter- 
national differences. 

II.  Convention  regarding  the  laws  and  customs  of  war 
by  land. 

III.  Convention  for  the  adaptation  to  maritime  war- 
fare of  the  principles  of  the  Geneva  Convention  of  the 
22d  August,  1864. 

375 


376  ACTE   FINAL 

IV.    Trois  Declarations  concernant  :  — 

1.  L'interdiction  de  lancer  des  projectiles  et  des  explo- 
sifs  du  liaut  de  ballons  on  par  d'autres  modes  analogues 
nouveaux. 

2.  L'interdiction  de  Femploi  des  projectiles  qui  ont 
pour  but  unique  de  repandre  des  gaz  asphyxiants  ou 
deleteres. 

3.  L'interdiction  de  Temploi  de  balles  qui  s'epanouissent 
ou  s'aplatissent  facilement  dans  le  corps  humain,  telles  que 
les  balles  a  enveloppe  dure  dont  I'enveloppe  ne  couvrirait 
pas  entierement  le  noyau  ou  serait  pourvue  d'incisions. 

Ces  Conventions  et  Declarations  formeront  autant 
d'Actes  separes.  Ces  Actes  porteront  la  date  de  ce  jour 
et  pourront  etre  signes  jusqu'au  31  Decembre,  1899,  par 
les  Plenipotentiaires  des  Puissances  representees  a  la 
Conference  Internationale  de  la  Paix  a  La  Haye. 

Obeissant  aux  memes  inspirations,  la  Conference  a 
adopte  a  I'unanimite  la  Resolution  suivante :  — 

"La  Conference  estime  que  la  limitation  des  charges 
militaires  qui  pesent  actuellement  sur  le  monde  est  grande- 
ment  desirable  pour  I'accroissement  du  bien-etre  materiel 
et  moral  de  I'humanite." 

Elle  a,  en  outre,  emis  les  voeux  suivants  :  — 

1.  La  Conference,  prenant  en  consideration  les  de- 
marches preliminaires  faites  par  le  Gouvernement  Federal 
Suisse  pour  la  revision  de  la  Convention  de  Geneve,  emet 
le  voeu  qu'il  soit  procede  a  bref  delai  a  la  reunion  d'une 
Conference  speciale  ayant  pour  objet  la  revision  de  cette 
Convention. 

Ce  vceu  a  ete  vote  a  I'unanimite. 

2.  La  Conference  emet  le  vreu  que  la  question  des 
droits  et  des  devoirs  des  neutres  soit  inscrite  an  programme 
d'une  prochaine  Conference. 

3.  La  Conference  emet  le  va?u  que  les  questions  rela- 
tives aux  fusils  et  aux  canons  de  marine,  telles  qu'elles 


FINAL   ACT  377 

IV.    Three  Declarations  :  — 

1.  To  prohibit  the  hiunching  of  projectiles  and  explo- 
sives from  balloons  or  by  otlier  similar  new  methods. . 

2.  To  prohibit  the  use  of  projectiles,  the  only  object 
of  which  is  the  diffusion  of  asphyxiating  or  deleterious 
gases. 

3.  To  prohibit  the  use  of  bullets  which  expand  or  flatten 
easily  in  the  human  body,  such  as  bullets  with  a  hard 
envelope,  of  which  the  envelope  does  not  entirely  cover 
the  core,  or  is  pierced  with  incisions. 

These  Conventions  and  Declarations  shall  form  so 
many  separate  Acts.  These  Acts  shall  be  dated  this 
day,  and  may  be  signed  up  to  the  31st  December,  1899, 
by  the  Plenipotentiaries  of  the  Powers  represented  at  the 
International  Peace  Conference  at  The  Hague. 

Guided  by  the  same  sentiments,  the  Conference  has 
adopted  unanimously  the  following  Resolution  :  — 

"  The  Conference  is  of  opinion  that  the  restriction  of 
military  charges,  which  are  at  present  a  heavy  burden  on 
the  world,  is  extremel}^  desirable  for  the  increase  of  the 
material  and  moral  welfare  of  mankind." 

It  has,  besides,  formulated  the  following  wishes  :  — 

1.  The  Conference,  taking  into  consideration  the  pre- 
liminary steps  taken  by  the  Swiss  Federal  Government 
for  the  revision  of  the  Geneva  Convention,  expresses  the 
wish  that  steps  may  be  shortly  taken  for  the  assembly  of 
a  Special  Conference  having  for  its  object  the  revision  of 
that  Convention. 

This  wish  was  voted  unanimously. 

2.  The  Conference  expresses  the  wish  that  the  ques- 
tions of  the  rights  and  duties  of  neutrals  may  be  inserted 
in  the  programme  of  a  Conference  in  the  near  future. 

3.  The  Conference  expresses  the  wish  that  the  ques- 
tions with  resfard  to  ritics  and  naval  cfuns,  as  considered 


378  ACTE   FINAL 

out  ete  examinees  j)ar  elle,  soieiit  niises  ;i  Tetude  par  les 
Gouvernements,  en  vue  d'arriver  a  une  entente  concer- 
nant  la  mise  en  usage  de  nouveaux  types  et  calibres. 

4.  La  Conference  emet  le  voeu  que  les  Gouvernements, 
tenant  compte  des  propositions  faites  dans  la  Conference, 
mettent  a  Tetude  la  possibilite  d'une  entente  concernant 
la  limitation  des  forces  armees  de  terre  et  de  mer  et  des 
budgets  de  guerre. 

5.  La  Conference  emet  le  voeu  que  la  proposition  ten- 
dant  a  declarer  Finviolabilite  de  la  propriete  privee  dans 
la  guerre  sur  mer  soit  renvoyee  a  I'examen  d'une  Confer- 
ence ulterieure. 

6.  La  Conference  emet  le  voeu  que  la  proposition  de 
regler  la  question  du  bombardement  des  ports,  villes,  et 
villages  par  une  force  navale  soit  renvoyee  a  Texamen 
d'une  Conference  ulterieure. 

Les  cinq  derniers  voeux  out  ete  votes  a  runanimite,  sauf 
quelques  abstentions. 

En  foi  de  quoi,  les  Plenipotentiaires  out  signe  le  present 
Acte,  et  y  out  appose  leurs  cachets. 

Fait  a  La  Haye,  le  29  Juillet,  1899,  en  un  seul  exem- 
plaire,  qui  sera  depose  au  Ministere  des  Affaires  Etrangeres, 
et  dont  des  copies,  certifiees  conformes,  seront  delivrees  a 
toutes  les  Puissances  representees  a  la  Conference. 

(Signatures.) 


CONVENTION    POUR    LE    Ri:GLEMENT    PACIFIQUE 
DES    CONFLITS    INTERNATIONAUX 

Sa  Majeste  I'Empereur  d'AUemagne,  Roi  de  Prusse  ; 
Sa  Majeste  TEmpereur^d'Autriche,  Roi  de  Boheme,  etc.,  et 
Roi  Apostolique  de  Hongrie;  Sa  Majeste  le  Roi  des  Beiges; 
Sa  Majeste  TEmpereur  de  Chine  ;  Sa  Majeste  le  Roi  de 
Danemark  ;  Sa  Majeste  le  Roi  d'Espagne,  et  en  son  nom 


FIXAL   ACT  379 

by  it,  may  be  studied  by  the  Governments  with  the  ol)ject 
of  coming  to  an  agreement  respecting  the  emph)yment  of 
new  types  and  calibres. 

4.  The  Conference  ex[)resses  the  wisli  that  the  Govern- 
ments, taking  into  consideration  tiie  proposals  made  at 
the  Conference,  may  examine  the  possibility  of  an  agree- 
ment as  to  the  limitation  of  armed  forces  by  land  and 
sea,  and  of  war  budgets. 

5.  The  Conference  expresses  the  wisli  tiiat  the  proposal, 
which  contemplates  the  declaration  of  the  inviolability  of 
private  property  in  naval  warfare,  may  be  referred  to  a 
subsequent  Conference  for  consideration. 

6.  The  Conference  expresses  the  wish  that  the  j^roposal 
to  settle  the  question  of  the  bombardment  of  ports,  towns, 
and  villages  by  a  naval  force  may  be  referred  to  a  subse- 
quent Conference  for  consideration. 

The  last  five  wishes  were  voted  unanimousl}',  saving 
some  abstentions. 

In  faith  of  wliich,  the  Plenipotentiaries  liave  signed  the 
present  Act,  and  have  affixed  their  seals  thereto. 

Done  at  The  Hague,  29th  July,  1899,  in  one  copy  only, 
which  shall  be  deposited  in  the  Ministry  for  Foreign 
Affairs,  and  of  which  copies,  duly  certified,  shall  be 
delivered  to  all  the  Powers  represented  at  the  Conference. 

(Signatures.) 


CONVENTION   FOR    THE    PEACEFUL  ADJUSTMENT 
OF  INTERNATIONAL   DIFFERENCES 

His  Majesty  the  German  Emperor,  King  of  Prussia ; 
His  Majesty  the  Emperor  of  Austria,  King  of  Bohemia, 
etc.,  and  Apostolic  King  of  Hungary;  His  Majesty  the 
King  of  the  Belgians ;  His  Majesty  the  Emperor  of 
China  ;  His  Majesty  the  King  of  Denmark  ;   His  Majesty 


380  PREMIERE    CONVENTION 

Sa  Majeste  la  Reine-llegeiite  du  Royavime  ;  le  President 
des  Etats-Unis  d'Amerique  ;  le  President  des  Etats-Unis 
Mexicaiiis  ;  le  President  de  la  Republiqiie  Frangaise  ;  Sa 
iNIajeste  la  Peine  du  Royaume-Unis  de  la  Grand  Bretagne 
et  d'lrlaiide,  Jmperatrice  des  Indes;  Sa  Majeste  le  Roi  des 
Hellenes  ;  Sa  iNIajeste  le  Roi  d' Italic  ;  Sa  Majeste  I'Em- 
pereur  du  Japon  ;  Son  Altesse  Royale  le  Grand  Due  de 
Luxembourg,  Due  de  Nassau;  Son  Altesse  le  Prince  de 
Montenegro  ;  Sa  Majeste  la  Peine  des  Pays-Bas  ;  Sa 
Majeste  Imperiale  le  Seliali  de  Perse  ;  Sa  Majeste  le  Roi 
de  Portugal  et  des  Algarves  ;  Sa  Majeste  le  Roi  de 
Roumanie  ;  Sa  Majeste  I'Empereur  de  Toutes  les  Pussies ; 
Sa  Majeste  le  Roi  de  Serbie  ;  Sa  Majeste  le  Roi  de  Siara  ; 
Sa  Majeste  le  Roi  de  Suede  et  de  Norvege  ;  le  Conseil 
Federal  Suisse  ;  Sa  iNIajeste  PEmpereur  des  Ottomans,  et 
Son  Altesse  Royale  le  Prince  de  Bulgarie, 

Animes  de  la  ferme  volonte  de  concourir  au  maintien  de 
la  paix  generale; 


Resolus  a  favoriser  de  tons  leurs  efforts  le  reglement 
amiable  des  conflits  internationaux  ; 

Reconnaissant  la  solidarite  qui  unit  les  membres  de  la 
societe  des  nations  civilisees  ; 

Voulant  etendre  Pempire  du  droit,  et  fortifier  le  senti- 
ment de  la  justice  Internationale  ; 

Convaincus  que  I'institution  permanente  d'une  juridic- 
tion  arbitrale,  accessible  a  tons,  au  sein  des  Puissances 
independantes  pent  contribuer  efficacement  a  ce  re- 
sultat ; 

Considerant  les  avantages  d'une  organisation  generale 
et  reguliere  de  la  procedure  arbitrale  ; 

Estimant  avec  I'auguste  Initiateur  de  la  Conference 
Internationale  de  la  Paix  qu'il  importe  de  consacrer  dans 
un  accord  international  les  principes  d'equite  et  de  droit 


FIRST  CONVENTION  381 

the  King  of  Spain,  and  in  his  name  Her  ^Majesty  the 
Queen-Regent  of  the  Kingdom ;  the  President  of  the 
ITnited  States  of  America  ;  the  President  of  the  United 
States  of  ^Mexico  ;  the  President  of  the  French  Republic  ; 
Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  Empress  of  India  ;  His  Majesty  the 
King  of  the  Hellenes  ;  His  Majesty  the  King  of  Italy ; 
His  Majesty  the  Emperor  of  Japan  ;  His  Royal  Highness 
the  Grand  Duke  of  Luxemburg,  Duke  of  Nassau ;  His 
Highness  the  Prince  of  Montenegro  ;  Her  INIajesty  the 
Queen  of  the  Netherlands ;  His  Imperial  Majesty  the 
Shah  of  Persia ;  His  Majesty  the  King  of  Portugal  and 
the  Algarves ;  His  Majesty  the  King  of  Roumania ; 
His  Alajesty  the  Emperor  of  All  the  Russias  ;  His  ^Majesty 
the  King  of  Servia;  His  jNIajesty  the  King  of  Siam  ;  His 
Majesty  the  King  of  Sweden  and  Norway  :  The  Swiss 
Federal  Council ;  His  ^Majesty  the  Emperor  of  the  Otto- 
mans, and  His  Royal  Highness  the  Prince  of  Bulgaria, 

Animated  by  a  strong  desire  to  concert  for  the  mainten- 
ance of  the  general  peace  ; 

Resolved  to  second  by  their  best  efforts  the  friendly 
settlement  of  international  disputes  ; 

Recognizing  the  solidarity  which  unites  the  members  of 
the  society  of  civilized  nations  ; 

Desirous  of  extending  the  empire  of  law,  and  of 
strengthening  the  appreciation  of  international  justice  ; 

Convinced  that  the  permanent  institution  of  a  Court 
of  Arbitration,  accessible  to  all,  in  the  midst  of  the  in- 
dependent Powers,  will  contribute  effectively  to  this 
result ; 

Having  regard  to  the  advantages  attending  the  general 
and  regular  organization  of  arbitral  procedure  ; 

Sharing  the  opinion  of  the  august  Initiator  of  the  Inter- 
national Peace  Conference  that  it  is  expedient  to  solemnly 
establish,  by  an  international  Agreement,  the  principles  of 


382  PR  I:M1KH  JC    ( 'OX  I  'ENTION 

sur  lesqiiels  reposent  la  securite  des  Etats  et  le  bien-etre 
des  peuples  ; 

Desiraiit  conclure  une  Convention  a  cet  effet,  ont  nomine 
pour  leurs  Pleni2)otentiaires,  savoir  :  — 

(Nonis.) 

I^escjuels,  a,prt;s,  s'etre  communique  leurs  plein  pouvoirs, 
trouves  en  bonne  et  due  forme,  sont  convenus  des  dispo- 
sitions suivantes : — 

TiTiiE  I.  — Bu  Maintien  de  la  Paix  Generale 

AETICLE   I 

En  vue  de  prevenir  autant  que  possible  le  recours  a  la 
force  dans  les  rapports  entre  les  Etats,  les  Puissances 
Signataires  conviennent  d'employer  tons  leurs  efforts  pour 
assurer  le  reglement  pacifique  des  differends  interna- 
tionaux. 

TiTRE  II.  — Des  Sons  Offices  et  de  la  Mediation 

ARTICLE   II 

En  cas  de  dissentiment  grave  ou  de  conflit,  avant  d'en 
appeler  aux  armes,  les  Puissances  Signataires  conviennent 
d'avoir  recours,  en  tant  que  les  circonstances  le  permettront, 
aux  bons  offices  ou  a  la  mediation  d'une  ou  de  plusieurs 
Puissances  amies. 

ARTICLE   III 

Independamment  de  ce  recours,  les  Puissances  Sig- 
nataires' jugent  utile  qu'une  ou  plusieurs  Puissances, 
etrangeres  au  conflit,  offrent  de  leur  propre  initiative,  en 
tant  que  les  circonstances  s'y  pretent,  leurs  bons  offices  ou 
leur  mediation  aux  Etats  en  conflit. 


FIRST   CONVENTION  383 

equity  and  right  on  which  repose  the  security  of  States 
and  the  welfare  of  peoples  ; 

Being  desirous  of  concluding  a  Convention  to  this  effect, 
have  appointed  as  their  Plenipotentiaries,  to  Avit  :  — 

(Names.) 

Who,  after  communication  of  their  full  powers,  found  in 
good  and  due  form,  have  agreed  on  the  following  provi- 
sions :  — 

Title  I.  —  On  the  Maintenance  of  General  Peace 

ARTICLE   I 

With  a  view  to  obviating,  as  far  as  possible,  recourse 
to  force  in  the  relations  betw^een  States,  the  Signatory 
Powers  agree  to  use  their  best  efforts  to  insure  the  pacific 
settlement  of  international  differences. 


Title  II. —  On  Good  Offices  and  Mediation 

ARTICLE   II 

In  case  of  serious  disagreement  or  conflict,  before  an 
appeal  to  arms,  the  Signatory  Powers  agree  to  have 
recourse,  as  far  as  circumstances  allow,  to  the  good  offices 
or  mediation  of  one  or  more  friendly  Powers. 

ARTICLE   III 

Independently  of  this  recourse,  the  Signatory  Powers 
consider  it  useful  that  one  or  more  Powers,  strangers  to 
the  dispute,  should,  on  their  own  initiative,  and  as  far  as 
circumstances  will  allow,  offer  their  good  oflices  or  medi- 
ation to  the  States  at  variance. 


384  PREMIERE   CONVENTION 

Le  droit  d'oifrir  les  bons  offices  on  la  mediation  ap- 
partient  aux  Puissances  etrangeres  au  conflit,  meme 
pendant  le  cours  des  hostilites. 

L'exercice  de  ce  droit  ne  pent  jamais  etre  considere  par 
I'une  ou  I'autre  des  parties  en  litige  comme  un  acte  peu 
amical. 

ARTICLE    IV 

Le  role  du  mediateur  consiste  a  concilier  les  pretentions 
opposees  et  a  apaiser  les  ressentiments  qui  peuvent  s'etre 
produits  entre  les  Etats  en  conflit. 

ARTICLE   V 

Les  fonctions  du  mediateur  cessent  du  moment  ou  il  est 
constate,  soit  par  I'une  des  parties  en  litige,  soit  par  le 
mediateur  lui-meme,  que  les  moyens  de  conciliation  pro- 
poses par  lui  ne  sont  pas  acceptes. 

ARTICLE  VI 

Les  bons  offices  et  la  mediation,  soit  sur  le  recours  des 
parties  en  conflit,  soit  sur  I'initiative  des  Puissances 
etrangeres  au  conflit,  out  exclusivement  le  caractere  de 
conseil,  et  n'ont  jamais  force  obligatoire. 

ARTICLE  VII 

L'acceptation  de  la  mediation  ne  pent  avoir  pour  effet, 
sauf  convention  contraire,  d'interrompre,  de  retarder,  ou 
d'entraver  lalnobilisation  et  autres  mesures  preparatoires 
a  la  guerre. 

Si  elle  intervient  apres  I'ouverture  des  hostilites,  elle 
n'interrompt  pas,  sauf  convention  contraire,  les  operations 
militaires  en  cours. 


FIRST   CONVENTION  385 

The  right  to  offer  good  offices  or  mediation  belongs  to 
Powers  "who  are  strangers  to  the  dispute,  even  during  the 
course  of  hostilities. 

The  exercise  of  this  right  shall  never  be  regarded  by 
one  or  the  other  of  the  parties  to  the  contest  as  an 
unfriendly  act. 

ARTICLE   IV 

The  part  of  the  mediator  consists  in  reconciling  the 
opposing  claims  and  in  appeasing  the  feelings  of  resentment 
which  may  have  arisen  between  the  States  at  variance. 

ARTICLE   V 

The  functions  of  the  mediator  are  at  an  end  when  once 
it  is  declared,  either  by  one  of  the  parties  to  the  dispute, 
or  by  the  mediating  Power  itself,  that  the  methods  of 
conciliation  proposed  by  it  are  not  accepted. 

ARTICLE   VI 

Good  offices  and  mediation,  whether  at  the  request  of 
the  parties  at  variance,  or  upon  tlie  initiative  of  Powers 
who  are  strangers  to  the  dispute,  have  exclusively  the 
character  of  advice,  and  never  have  binding  force. 

ARTICLE   VII 

The  acceptance  of  mediation  cannot,  unless  there  be  an 
agreement  to  the  contrary,  have  the  effect  of  interrupting, 
delaying,  or  hindering  mobilization  or  other  measures  of 
preparation  for  war. 

If  mediation  occurs  after  the  commencement  of  hostili- 
ties, it  causes  no  interruption  to  the  military  operations  in 
progress,  unless  there  be  an  agreement  to  the  contrary. 

2c 


380  PREMIERE   CONVENTION 

ARTICLE   VIII 

Les  Puissances  Signataires  sont  d'accord  pour  recom- 
mander  rapplication,  dans  les  circonstances  qui  le  permet- 
tent,  d'une  mediation  speciale  sous  la  forme  suivante  :  — 

En  cas  de  differend  grave  compromettant  la  paix,  les 
Etats  en  conflit  choisissent  respectivement  une  Puissance 
a  laquelle  ils  confient  la  mission  d'entrer  en  rapport  direct 
avec  la  Puissance  choisie  d'autre  part,  a  I'effet  de  prevenir 
la  rupture  des  relations  pacifiques. 

Pendant  la  duree  de  ce  mandat  dont  le  terme,  sauf 
stipulation  contraire,  ne  pent  exceder  trente  jours,  les 
Etats  en  litige  cessent  tout  rapport  direct  au  sujet  du 
conflit,  lequel  est  considere  comme  defere  exclusivement 
aux  Puissances  Mediatrices.  Celles-ci  doivent  appliquer 
tons  leurs  efforts  a  regler  le  differend. 

En  cas  de  rupture  effective  des  relations  pacifiques,  ces 
Puissances  demeurent  chargees  de  la  mission  commune  de 
profiter  de  toute  occasion  pour  retablir  la  paix. 


TiTRE  III.  —  Des  Commissions  Internationales  cCEnquHe 

ARTICLE   IX 

Dans  les  litiges  d'ordre  international  n'engageant  ni 
riionneur  ni  des  interets  essentiels,  et  provenant  d'une 
divergence  d'appreciation  sur  des  points  de  fait,  les 
Puissances  Signataires  jugent  utile  que  les  parties  qui 
n'auraient  pu  se  mettre  d'accord  par  les  voies  diplomatiques 
instituent,  en  tant  que  les  circonstances  le  permettront,  une 
Commission  Internationale  d'Enquete  chargee  de  faciliter 
la  solution  de  ces  litiges  en  eclaircissant,  par  un  examen 
impartial  et  consciencieux,  les  questions  de  fait. 


FIRST  CONVENTION  387 

ARTICLE   VIII 

The  Signatory  Powers  are  agreed  in  recommending  the 
application,  when  circumstances  allow,  of  special  mediation 
in  the  following  form :  — 

In  case  of  a  serious  difference  endangering  the  peace, 
the  States  at  variance  shall  each  choose  a  Power,  to 
whom  they  intrust  the  mission  of  entering  into  direct 
communication  with  the  Power  chosen  on  the  other  side, 
with  the  object  of  preventing  the  rupture  of  pacific 
relations. 

During  the  period  of  this  mandate,  the  term  of  Avhich, 
unless  otherwise  stipulated,  cannot  exceed  thirty  days,  the 
States  in  conflict  shall  cease  from  all  direct  communica- 
tion on  the  subject  of  the  dispute,  which  is  regarded  as 
having  been  referred  exclusively  to  the  mediating  Powers, 
who  shall  use  their  best  efforts  to  settle  the  controversy. 

In  case  of  a  definite  rupture  of  pacific  relations,  these 
Powers  remain  charged  with  the  joint  duty  of  taking 
advantage  of  every  opportunity  to  restore  peace. 


Title  III.  —  On  Internatiotial  Commissions  of  Inquire/ 

ARTICLE   IX 

In  differences  of  an  international  nature  involving 
neither  honor  nor  vital  interests,  and  arising  from  a  dif- 
ference of  opinion  on  matter  of  fact,  the  Signatory 
Powers  recommend  that  parties  who  liave  not  been  able 
to  come  to  an  agreement  by  diplomatic  methods  should, 
as  far  as  circumstances  allow,  institute  an  International 
Commission  of  Inquiry,  to  facilitate  a  solution  of  the  dif- 
ferences by  elucidating  the  facts,  by  means  of  an  impartial 
and  conscientious  investigation. 


388  PREMIERE   CONVENTION 


ARTICLE   X 


Les  Commissions  Internationales  d'Enqnete  sont  consti- 
tuees  par  convention  specialc  entre  les  parties  en  litige. 

La  Convention  d'Enquete  precise  les  faits  a  examiner  et 
I'etendne  des  pouvoirs  des  Commissaires. 

Elle  regie  la  procedure. 

L'enquete  a  lieu  contradictoirement. 

La  forme  et  les  delais  a  observer,  en  tant  qu'ils  ne  sont 
pas  fixes  par  la  Convention  d'Enquete,  sont  determines  par 
la  Commission  elle-meme. 

ARTICLE   XI 

Les  Commissions  Internationales  d'Enquete  sont  formees, 
sauf  stipulation  contraire,  de  la  maniere  determinee  par 
I'Article  XXXII  de  la  presente  Convention. 

ARTICLE  XII 

Les  Puissances  en  litige  s'engagent  a  fournir  a  la  Com- 
mission Internationale  d'Enquete,  dans  la  plus  large  mesure 
qu'elles  jugeront  possible,  tous  les  moyens  et  toutes  les 
facilites  necessaires  pour  la  connaissance  complete  et  I'ap- 
preciation  exacte  des  faits  en  question. 

ARTICLE  XIII 

La  Commission  Internationale  d'Enquete  presente  aux 
Puissances  en  litige  son  Rapport  signe  par  tous  les 
membres  de  la  Commission. 

ARTICLE   XIV 

Le  Rapport  de  la  Commission  Internationale  d'Enquete, 
limite  a  la  constatation  des  faits,  n'a  nullement  le  caractere 
d'une  sentence  arbitrale.     II  laisse  aux  Puissances  en  litige 


FIRST   CONVENTION  389 

ARTICLE   X 

International  (■ommissions  of  Inquiry  shall  be  consti- 
tuted by  a  special  agreement  between  the  parties  to  the 
controversy.  The  agreement  for  the  inquiry  shall  specify 
the  facts  to  be  examined  and  the  extent  of  tlie  powers  of 
the  commissioners.  It  shall  fix  the  procedure.  Ujion  the 
inquiry  both  sides  shall  be  heard.  The  procedure  to  be 
observed,  if  not  provided  for  in  the  Convention  of  In- 
quiry, shall  be  fixed  by  the  Commission. 


ARTICLE   XI 

The  International  Commissions  of  Inquiry  shall  be 
formed,  unless  otherwise  stipulated,  in  the  manner  fixed 
by  Article  XXXII  of  the  present  Convention. 

ARTICLE   XII 

The  Powers  in  dispute  agree  to  supply  the  Inter- 
national Commission  of  Inquiry,  as  fully  as  they  may  con- 
sider it  possible,  with  all  means  and  facilities  necessary  to 
enable  it  to  arrive  at  a  complete  acquaintance  and  correct 
understanding  of  the  facts  in  question. 

ARTICLE   XIII 

The  International  Commission  of  Inquiry  shall  present 
to  the  parties  in  dispute  its  report  signed  by  all  the  mem- 
bers of  the  Commission. 

ARTICLE   XIV 

The  report  of  the  International  Commission  of  Inrpiiry 
shall  be  limited  to  a  statement  of  the  facts,  and  shall  in 
no  way  have  the  character  of  an  arbitral  award.    It  leaves 


390  PREMIERE   CONVENTION 

une  entiere  liberte  pour  la  suite  a  donner  a  cette  consta- 
tation. 


TiTRE  IV.  —  De  V Arbitrage  International 

Chai'ITRE  I.  — De  la  Justice  Arhitrale 

ARTICLE   XV 

L'arbitrage  international  a  pour  objet  le  reglement  de 
litiges  entre  les  Etats  par  des  juges  de  leur  clioix  et  sur  la 
base  du  respect  du  droit. 

ARTICLE   XVI 

Dans  les  questions  d'ordre  juridique,  et  en  premier  lieu 
dans  les  (questions  d'interpretation  on  d'application  des 
Conventions  Internationales,  l'arbitrage  est  reconnu  jiar 
les  Puissances  Signataires  comme  le  moyen  le  plus  efficace 
et  en  meme  temps  le  plus  equitable  de  regler  les  litiges  qui 
n'ont  pas  ete  resolus  par  les  voies  diplomatiques. 

ARTICLE   XVII 

La  convention  d'arbitrage  est  conclue  pour  des  contes- 
tations deja  nees  ou  pour  des  contestations  eventuelles. 

Elle  pent  concerner  tout  litige  ou  seulement  les  litiges 
d'une  categoric  determinee. 

ARTICLE   XVIII 

La  convention  d'arbitrage  implique  I'engagement  de  se 
soumettre  de  bonne  foi  a  la  sentence  arbitrale. 

ARTICLE   XIX 

Independamraent  des  Traites  generaux  ou  particuliers 
qui  stipulent  actuellement  I'obligation  du  recours  a  I'arbi- 


FIRST   CONVENTION  391 

the  Powers  in  controversy  freedom  as  to  the  eifect  to  be 
given  to  such  statement. 

Title  IV.  —  On  International  Arbitration 

Chapteii  I.  —  On  Arbitral  Justice 

AETICLE  XV 

International  arbitration  has  for  its  object  the  deter- 
mination of  controversies  between  States  by  judges  of 
their  own  choice,  upon  the  basis  of  respect  for  law. 

ARTICLE  XVI 

In  questions  of  a  judicial  character,  and  especially  in 
questions  regarding  the  interpretation  or  api)lication  of 
international  treaties  or  conventions,  arbitration  is  recog- 
nized by  the  Signatory  Powers  as  the  most  efficacious  and 
at  the  same  time  the  most  equitable  method  of  deciding 
controversies  which  have  not  been  settled  by  diplomatic 
methods. 

ARTICLE   XVII 

An  agreement  of  arbitration  may  be  made  with  refer- 
ence to  disputes  already  existing  or  those  which  may 
hereafter  arise.  It  may  relate  to  every  kind  of  contro- 
versy or  solely  to  controversies  of  a  particular  character. 

ARTICLE   XVIII 

The  agreement  of  arbitration  implies  the  obligation 
to  submit  in  good  faith  to  the  decision  of  the  arbitral 
tribunal. 

ARTICLE   XIX 

•  Independently    of   existing   general  or  special  treaties 
imposing  the  obligation  to  have  recourse  to  arbitration  on 


392  PREMIERE    CONVENTION 

trage  pour  les  Puissances  Signataires,  ces  Puissances  se 
reservent  de  conclure,  soit  avant  la  ratification  du  present 
Acte,  soit  posterieurement,  des  accords  nouveaux,  generaux, 
ou  particuliers,  en  vue  d'etendre  I'arbitrage  obligatoire  a 
tous  les  cas  qu'elles  jugeront  possible  de  lui  soumettre. 


Chapitre  II. — De  la  Cour  Permanente  d^ Arbitrage 

AETICLE  XX 

Dans  le  but  de  faciliter  le  recours  immediat  a  I'arbitrage 
pour  les  differends  internationaux  qui  n'ont  pu  etre  regies 
par  la  voie  diplomatique,  les  Puissances  Signataires  s'en- 
gagent  a  organiser  une  Cour  permanente  d'arbitrage, 
accessible  en  tout  temps  et  fonctionnant,  sauf  stipulation 
contraire  des  parties,  conformement  aux  Regies  de  Pro- 
cedure inserees  dans  la  presente  Convention. 

ARTICLE   XXI 

La  Cour  Permanente  sera  competente  pour  tous  les  cas 
d'arbitrage,  a  moins  qu'il  n'j^  ait  entente  entre  les  parties 
pour  I'etablissement  d'une  juridiction  speciale. 

ARTICLE   XXII 

Un  Bureau  International  etabli  a  La  Haye  sert  de  greffe 
a  la  Cour. 

Ce  bureau  est  I'intermediaire  des  communications  rela- 
tives aux  reunions  de  celle-ci. 

II  a  la  garde  des  archives  et  la  gestion  de  toutes  les 
affaires  administratives. 

Les  Puissances  Signataires  s'engagent  a  communiquer 
au  Bureau  International  de  La  Haye  une  copie  certifiee 
conforme  de  toute  stipulation  d'arbitrage  intervenue  entre 


FIRST   COXVEXTION  393 

the  part  of  any  of  the  Signatory  Powers,  these  Powers 
reserve  to  themselves  the  right  to  conclude,  either  before 
the  ratification  of  the  present  Convention,  or  subsequent 
to  that  date,  new  agreements,  general  or  special,  with  a 
view  of  extending  the  obligation  to  submit  controversies 
to  arbitration,  to  all  cases  wliich  they  consider  suitable  for 
such  submission. 

Chapter    II.  —  On  the  Permanent    Court  of  Arbitration 

ARTICLE   XX 

With  the  object  of  facilitating  an  immediate  recourse 
to  arbitration  for  international  differences  which  could  not 
be  settled  by  diplomatic  methods,  the  Signatory  Powers 
undertake  to  organize  a  permanent  Court  of  Arbitration 
accessible  at  all  times,  and  acting,  unless  otherwise  stipu- 
lated by  the  parties,  in  accordance  with  the  rules  of 
procedure  included  in  the  present  Convention. 

ARTICLE   XXI 

The  permanent  Court  shall  have  jurisdiction  of  all  cases 
of  arbitration,  unless  there  shall  be  an  agreement  between 
the  parties  for  the  establishment  of  a  special  tribunal. 

ARTICLE  XXII 

An  International  Bureau  shall  be  established  at  The 
Hague,  and  shall  serve  as  the  record  office  for  the  Court. 
This  Bureau  shall  be  the  medium  of  all  communications 
relating  to  the  Court.  It  shall  have  the  custody  of  the 
archives,  and  shall  conduct  all  the  administrative  business. 
The  Signatory  Powers  agree  to  furnish  the  Bureau  at  The 
Hague  Avith  a  certified  copy  of  every  agreement  of  arbi- 
tration arrived  at  between  them,  and  of  any  award  therein 
rendered  by  a  special  tribunal.     They  also  undertake  to 


394  PREMIERE   CONVENTION 

elles  et  de  toute  sentence  arbitrale  les  concernant  et  rendue 
par  des  juridictions  speciales. 

Elles  s'engagent  a  communiquer  de  meme  au  bureau  les 
Lois,  Jieglements,  et  doc.uiiieiits  constatant  eventuellement 
I'execution  des  sentences  rendues  par  la  Cour. 

ARTICLE   XXIII 

Chaque  Puissance  Signataire  designera,  dans  les  trois 
mois  qui  suivront  la  ratilication  par  elle  du  present  Acte, 
quatre  personnes  au  plus,  d'une  competence  reconnue  dans 
les  questions  de  droit  international,  jouissant  de  la  plus 
haute  consideration  morale  et  disposees  a  accepter  les 
fonctions  d'arbitres. 

Les  personnes  ainsi  designees  seront  inscrites,  au  titre 
de  membre  de  la  Cour,  sur  une  liste  qui  sera  notifiee  a 
toutes  les  Puissances  Signataires  par  les  soins  du  bureau. 

Toute  modification  a  la  liste  des  arbitres  est  portee,  par 
les  soins  du  bureau,  a  la  connaissance  des  Puissances 
Signataires. 

Deux  ou  plusieurs  Puissances  peuvent  s'entendre  pour 
la  designation  en  commun  d'un  ou  de  plusieurs  membres. 

La  meme  personne  pent  etre  designee  par  des  Puissances 
differentes. 

Les  membres  de  la  Cour  sont  nommes  pour  un  terme  de 
six  ans.     Leur  mandat  pent  etre  renouvele. 

En  cas  de  deces  ou  de  retraite  d'un  membre  de  la  Cour, 
il  est  pourvu  a  son  remplacement  selon  le  mode  fixe  pour 
sa  nomination. 

ARTICLE   XXIV 

Lorsque  les  Puissances  Signataires  veulent  s'adresser  a 
la  Cour  Permanente  pour  le  reglement  d'un  differend 
survenu  entre  elles,  le  choix  des  arbitres  appeles  a  former 
le  tribunal  competent  pour  statuer  sur  ce  differend,  doit 
etre  fait  dans  la  liste  generale  des  membres  de  la  Cour. 


FIRST  CONVENTION  395 

furnish  the  Bureau  with  the  hivvs,  rules,  and  documents, 
eventually  declaring  the  execution  of  the  judgments  ren- 
dered by  the  Court. 


ARTICLE  XXIII 

Within  three  months  following  the  ratification  of  the 
present  act,  each  Signatory  Power  shall  select  not  more 
than  four  persons,  of  recognized  competence  in  questions 
of  international  law,  enjoying  the  highest  moral  reputa- 
tion, and  disposed  to  accept  the  duties  of  arbitrators. 
The  persons  thus  selected  shall  be  enrolled  as  members 
of  the  Court,  upon  a  list  which  shall  be  communicated  by 
the  Bureau  to  all  the  Signatory  Powers.  Any  alteration 
in  the  list  of  arbitrators  shall  be  brought  to  the  knowledge 
of  the  Signatory  Powers  by  the  Bureau.  Two  or  more 
Powers  may  unite  in  the  selection  of  one  or  more  mem- 
bers of  the  Court.  The  same  person  may  be  selected  by 
different  Powers.  The  members  of  the  Court  shall  be 
appointed  for  a  term  of  six  years,  and  their  appointment 
may  be  renewed.  In  case  of  the  death  or  resignation  of  a 
member  of  the  Court,  his  place  shall  be  filled  in  accord- 
ance with  the  method  of  his  appointment. 


ARTICLE  XXIV 

Whenever  the  Signatory  Powers  wish  to  have  recourse 
to  the  permanent  Court  for  the  settlement  of  a  difference 
that  has  arisen  between  them,  the  arbitrators  selected  to 
constitute  the  Tribunal  which  shall  have  jurisdiction 
to   determine  such  difference,  shall  be  chosen  from   the 


396  PREMIERE    CONVENTION 

A  (lefaut  de  constitution  dvi  trilnmul  arbitral  par  I'accord 
immediat  des  parties,  il  est  precede  de  la  nianiere 
suivante  :  — 

Chaqiie  partie  nomme  deux  arbitres  et  ceux-ci  clioisissent 
ensemble  un  surarbitre. 

En  cas  de  partage  des  voix,  le  choix  du  surarbitre  est 
confie  a  une  Puissance  tierce,  designee  de  commun  accord 
par  les  parties. 

Si  Taccord  ne  s'etablit  pas  a  ce  sujet,  chaque  partie 
designe  une  Puissance  clifferente,  et  le  choix  du  surarljitre 
est  fait  de  concert  par  les  Puissances  ainsi  designees. 

Le  tribunal  etant  ainsi  compose,  les  parties  notifient  au 
bureau  leur  decision  de  s'adresser  a  la  Cour  et  les  noms 
des  arbitres. 

Le  tribunal  arbitral  se  reunit  a  la  date  fixee  par  les 
parties. 

Les  membres  de  la  Cour,  dans  Texercice  de  leurs  fonc- 
tions,  et  en  dehors  de  leur  pajs,  jouissent  des  privileges  et 
immunites  diplomatiques . 

AETICLE   XXV 

Le  tribunal  arbitral  siege  d'ordinaire  a  La  Haye. 
Le  siege  ne  pent,  sauf  le  cas  de  force  majeure,    etre 
change  par  le  tribunal  que  de  Tassentiment  des  parties. 


ARTICLE   XXVI 

Le  Bureau  International  de  La  Haye  est  autorise  a 
mettre  ses  locaux  et  son  organisation  a  la  disposition  des 
Puissances  Signataires  pour  le  fonctionneraent  de  toute 
juridiction  speciale  d'arbitrage. 

La  juridiction  de  la  Cour  Permanente  pent  etre  etendue, 
dans  les  conditions  prescrites  par  les  Reglements,  aux 
litiges  existant  entre  des  Puissances  non-Signataires  ou 


FIRST  CONVENTION  397 

generiil  list  of  members  of  the  Court.  If  such  arbitral 
Tribunal  be  not  constituted  by  the  special  agreement  of 
the  parties,  it  shall  be  formed  in  the  following  manner: 
Each  party  shall  name  two  arbitrators,  and  these  together 
shall  choose  an  umpire.  If  the  votes  sliall  be  ecjual,  the 
choice  of  the  umpire  shall  be  intrusted  to  a  third  Power 
selected  by  the  parties  by  common  accord.  If  an  agree- 
ment is  not  arrived  at  on  this  subject,  each  party  shall 
select  a  different  Power,  and  the  choice  of  the  umpire 
shall  be  made  by  the  united  action  of  the  Powers  thus 
selected.  The  Tribunal  being  thus  constituted,  the  parties 
shall  communicate  to  the  Bureau  their  decision  to  have 
recourse  to  the  Court,  and  the  names  of  the  arbitrators. 
The  Tribunal  of  arbitration  shall  meet  at  the  time  fixed 
by  the  parties.  The  members  of  the  Court,  in  the  dis- 
charge of  their  duties,  and  outside  of  their  own  country, 
shall  enjoy  diplomatic  privileges  aad  immunities. 


AETICLE   XXV 

The  Court  of  Arbitration  shall  ordinarily  sit  at  The 
Hague.  Except  in  cases  of  necessity,  the  place  of  session 
shall  be  changed  by  the  Court  only  with  the  assent  of  the 
parties. 

ARTICLE   XXVI 

The  International  Bureau  at  The  Hague  is  authorized 
to  put  its  offices  and  its  staff  at  the  disposal  of  the  Sig- 
natory Powers,  for  the  performance  of  the  duties  of  any 
special  tribunal  of  arbitration.  The  jurisdiction  of  the 
permanent  Court  may  be  extended  vuider  conditions  pre- 
scribed by  its  rules,  to  controversies  existing  between 
Non-signatory  Powers,  or  between  Signatory  Powers  and 


398  PREMIERE   CONVENTION 

entre  des  Puissances  Signataires  et  des  Puissances  non- 
Signataires,  si  les  parties  sont  convenues  de  recourir  a 
cette  juridiction. 

ARTICLE  XXVII 

Les  Puissances  Signataires  considerent  comme  un  devoir, 
dans  le  cas  ou  un  conflit  aigu  menacerait  d'eclater  entre 
deux  ou  plusieurs  d'entre  elles,  de  rappeler  a  celles-ci  que 
la  Cour  Permanente  leur  est  ouverte. 

En  consequence,  elles  declarent  que  le  fait  de  rappeler 
aux  parties  en  conflit  les  dispositions  de  la  presente  Con- 
vention, et  le  conseil  donne,  dans  I'interet  superieur  de  la 
paix,  de  s'adresser  a  la  Cour  Permanente,  ne  peuvent  etre 
consideres  que  comme  actes  de  bons  offices. 

ARTICLE  XXVIII 

Un  Conseil  Administratif  Permanent  compose  des  Rep- 
resentants  Diplomatiques  des  Puissances  Signataires 
accredites  a  La  Haye  et  du  Ministre  des  Affaires  Etran- 
geres  des  Pays-Bas  qui  remplira  les  fonctions  de  President, 
sera  constitue  dans  cette  ville  le  plus  tot  possible  apres  la 
ratification  du  present  Acte  par  neuf  Puissances  au  moins. 

Ce  Conseil  sera  charge  d'etablir  et  d'organiser  le  Bureau 
International,  lequel  demeurera  sous  sa  direction  et  sous 
son  controle. 

II  notifiera  aux  Puissances  la  constitution  de  la  Cour  et 
pourvoira  a  I'installation  de  celle-ci. 

II  arretera  son  reglement  d'ordre  ainsi  que  tons  autres 
reglements  necessaires. 

II  decidera  toutes  les  questions  administratives  qui 
pourraient  surgir  touchant  le  fonctionnement  de  la  Cour. 

11  aura  tout  pouvoir  quant  a  la  nomination,  la  suspension, 
ou  la  revocation  des  fonctionnaires  et  employes  du  bureau. 

11  fixera  les  traitements  et  salaires  et  controlera  la 
depense  generale. 


FIRST  CONVENTION  399 

Non-signatory  Powers,  if  the  parties  agree  to  submit  to 
its  jurisdiction. 

ARTICLE   XXVII 

The  Signatory  Powers  consider  it  their  duty  in  case  a 
serious  dispute  threatens  to  break  out  between  two  or 
more  of  them,  to  remind  these  latter  that  the  permanent 
Court  of  arbitration  is  open  to  them.  Consequently,  they 
declare  that  the  fact  of  reminding  the  parties  in  contro- 
versy of  the  provisions  of  the  present  Convention,  and 
the  advice  given  to  them,  in  the  higher  interests  of  peace, 
to  have  recourse  to  the  permanent  Court,  can  only  be 
considered  as  an  exercise  of  good  offices. 

ARTICLE  XXVIII 

A  permanent  administrative  Council  composed  of  the  dip- 
lomatic representatives  of  the  Signatory  Powers  accredited 
to  The  Hague,  and  of  the  Netherlands  Minister  of  For- 
eign Affairs,  who  shall  act  as  President,  shall  be  consti- 
tuted in  that  city  as  soon  as  possible  after  the  ratification 
of  the  present  Act  by  at  least  nine  Powers.  This  Council 
shall  be  charged  with  the  establishment  and  organization 
of  the  International  Bureau,  which  shall  remain  under 
its  direction  and  control.  It  shall  notify  the  Powers  of 
the  constitution  of  the  Court  and  provide  for  its  instal- 
lation. It  shall  make  its  own  by-laws  and  all  other 
necessary  regulations.  It  shall  decide  all  questions  of 
administration  which  may  arise  with  regard  to  the  opera- 
tions of  the  Court.  It  shall  have  entire  control  over 
the  appointment,  suspension,  or  dismissal  of  officials  and 
employees  of  the  Bureau.  It  shall  determine  their  allow- 
ances and  salaries,  and  control  the  general  expenditure. 
At  meetings  duly  summoned  five  members  shall  constitute 
a  quorum.     All  decisions  shall  be  made  by  a  majority  of 


400  PREMIERE   CONVENTION 

La  presence  de  cinq  membres  dans  les  reunions  dument 
convex] uees  siiffit  pour  permettre  au  Conseil  de  deliberer 
valableuient,  Les  decisions  sont  prises  a  la  majorite  des 
voix. 

Le  Conseil  communique  sans  delai  aux  Puissances 
Signataires  les  reglements  adoptes  par  lui.  II  leur  adresse 
chaque  annee  un  Rapport  sur  les  travaux  de  la  Cour,  sur 
le  fonctionnement  des  services  administratifs  et  sur  les 
depenses. 

ARTICLE   XXIX 

Les  frais  du  bureau  seront  supportes  par  les  Puissances 
Signataires  dans  la  proportion  etablie  pour  le  Bureau 
International  de  T Union  Postale  Universelle. 


Chapitre  til  —  De  Ja  Procedure  Arhitrale 

ARTICLE  XXX 

En  vue  de  favoriser  le  developpement  de  Tarbitrage,  les 
Puissances  Signataires  out  arrete  les  regies  suivantes  qui 
seront  applicables  a  la  procedure  arbitrale,  en  tant  que  les 
parties  ne  sont  pas  convenues  d'autres  regies. 

ARTICLE   XXXI 

Les  Puissances  qui  recourent  a  I'arbitrage  signent  un 
acte  special  (Compromis)  dans  lequel  sont  nettement 
determines  I'objet  du  litige  ainsi  que  I'etendue  des  pou- 
voirs  des  arbitres.  Get  acte  implique  Fengagement  des 
parties  de  se  soumettre  de  bonne  foi  a  la  sentence 
arbitrale. 

ARTICLE  XXXII 

Les  fonctions  arbitrales  peuvent  etre  conferees  a  un 
arbitre  unique   ou  a  plusieurs  arbitres  designes  par  les 


FIRST  CONVENTION  401 

votes.  The  Council  sliall  coniniunicate  to  each  Signatory 
Power  without  dehiy  the  by-laws  and  regulations  adopted 
by  it.  It  shall  furnish  them  with  a  signed  report  of 
the  proceedings  of  the  Court,  the  working  of  the  adminis- 
tration, and  the  expenses. 


ARTICLE   XXIX 

The  expense  of  the  Bureau  shall  be  borne  by  the 
Signatory  Powers  in  the  proportion  established  for  the 
International  Bureau  of  the  International  Postal  Union. 


Chapter    III.  —  On  Arbitral  Procedure 

ARTICLE   XXX 

With  a  view  to  encouraging  the  development  of  arbitra- 
tion, the  Signatory  Powers  have  agreed  on  the  following 
rules  which  shall  be  applicable  to  the  arbitral  procedure, 
unless  the  parties  have  agreed  upon  different  regulations. 

ARTICLE  XXXI 

The  Powers  which  resort  to  arbitration  shall  sign  a 
special  act  (compromis)^  in  which  the  subject  of  the  dif- 
ference shall  be  precisely  defined,  as  well  as  the  extent 
of  the  powers  of  the  arbitrators.  This  Act  implies  an 
agreement  by  each  party  to  submit  in  good  faith  to  the 
award. 

ARTICLE  XXXII 

Tlie  duties  of  arbitrator  ma}'  be  conferred  ui)on  one 
arbitrator  alone   or  upon  several  arbitrators  selected  by 
2d 


402  PREMIERE   CONVENTION 

parties  a  leur  gre,  ou  clioisis  par  elles  parmi  les  membres 
(le  la  Cour  permanente  d'arbitrage  etablie  par  le  present 
Acte. 

A  defaut  de  constitution  du  tribunal  par  I'accord  imme- 
diat  des  parties,  il  est  procede  de  la  maniere  suivante  :  — 

Chaque  partie  nomme  deux  arbitres  et  ceux-ci  choisis- 
sent  ensemble  un  surarbitre. 

En  cas  de  partage  des  voix,  le  choix  du  surarbitre  est 
confie  a  une  Puissance  tierce,  designee  de  commun  accord 
par  les  parties. 

Si  I'accord  ne  s'etablit  pas  a  ce  sujet,  chaque  partie 
designe  une  Puissance  differente  et  le  choix  du  surarbitre 
est  fait  de  concert  par  les  Puissances  ainsi  designees. 

ARTICLE  XXXIII 

Lorsqu'un  Souverain  ou  un  Chef  d'Etat  est  choisi  pour 
arbitre,  la  procedure  arbitrale  est  reglee  par  lui. 

ARTICLE   XXXIV 

Le  surarbitre  est  de  droit  President  du  tribunal. 
Lorsque  le  tribunal  ne  comprend  pas  de  surarbitre,  il 
nomme  lui-meme  son  president. 

ARTICLE  XXXV 

En  cas  de  deces,  de  demission,  ou  d'empechement,  pour 
quelque  cause  que  ce  soit,  de  Fun  des  arbitres,  il  est 
pourvu  a  son  remplacement  selon  le  mode  fixe  pour  sa 
nomination. 

ARTICLE   XXXVI 

Le  siege  du  tribunal  est  designe  par  les  parties.     A 
defaut  de  cette  designation  le  tribunal  siege  a  La  Haye. 
Le  siege  ainsi  fixe  ne  pent,  sauf  le  cas  de  force  majeure. 


FIRST  CONVENTION  403 

the  parties,  as  they  please,  or  chosen  by  them  from  the 
members  of  the  permanent  Court  of  Arbitration  estab- 
lished by  the  present  act.  Failing  the  constitution  of 
the  Tribunal  by  direct  agreement  between  the  parties, 
it  shall  be  formed  in  the  following  manner  :  — 

Each  party  shall  appoint  two  arbitrators  and  these  shall 
together  choose  an  umpire.  In  case  of  an  equal  division 
of  votes  the  choice  of  the  umpire  shall  l)e  intrusted  to 
a  third  Power  to  be  selected  by  the  parties  by  common 
accord.  If  no  agreement  is  arrived  at  on  this  point, 
each  party  shall  select  a  different  Power,  and  the  choice 
of  the  um'pire  shall  be  made  by  agreement  between  the 
Powers  thus  selected. 

ARTICLE  XXXIII 

When  a  Sovereign  or  Chief  of  State  shall  be  chosen  for 
an  arbitrator,  the  arbitral  j^rocedure  shall  be  determined 
by  him. 

AETICLE   XXXIV 

The  umpire  shall  preside  over  the  Tribunal.  When 
the  Tribunal  does  not  include  an  umpire,  it  shall  appoint 
its  own  presiding  officer. 

ARTICLE   XXXV 

In  case  of  the  death,  resignation,  or  absence,  for  any 
cause,  of  one  of  the  arbitrators,  the  place  shall  be  filled 
in  the  manner  provided  for  his  appointment. 

ARTICLE   XXXVI 

The  parties  shall  designate  the  place  where  the  Tribunal 
is  to  sit.  Failing  such  a  designation,  the  Tribunal  shall 
sit  at  The  Hague.     The  place  of  session  tlius  determined 


404  PREMIERE   CONVENTION 

etre    change   par   le    tribunal    que    do   I'assentiment   des 
parties. 

^ARTICLE   XXXVII 

Les  parties  ont  le  droit  de  nommer  aiipres  du  tribunal 
des  delegues  ou  agents  speciaux,  avec  la  mission  de  servir 
d'intermediaires  entre  elles  et  le  tribunal. 

Elles  sont  en  outre  autorisees  a  charger  de  la  defense 
de  leurs  droits  et  interets  devant  le  tribunal,  des  Conseils 
ou  avocats  nommes  par  elles  a  cet  effet. 

ARTICLE   XXXVIII 

Le  tribunal  decide  du  choix  des  langues  dont  il  fera 
usage  et  dont  Temploi  sera  autorise  devant  lui. 

ARTICLE   XXXIX 

La  procedure  arbitrale  comprend  en  regie  generale  deux 
phases  distinctes  :  Tinstruction  et  les  debats. 

L'instruction  consiste  dans  la  communication  faite  par 
les  agents  respectifs,  aux  membres  du  tribunal  et  a  la 
partie  adverse,  de  tons  actes  imprimes  ou  ecrits  et  de 
tons  documents  contenant  les  moyens  invoques  dans 
la  cause.  Cette  communication  aura  lieu  dans  la  forme 
et  dans  les  delais  determines  par  le  tribunal  en  vertu  de 
I'Article  XLIX. 

Les  debats  consistent  dans  le  developpement  oral  des 
mo3^ens  des  parties  devant  le  tribunal. 


ARTICLE   XL 

Toute  piece  produite   par  Tune  des  parties  doit  etre 
communiquee  a  Tautre  partie. 


FIRST  CONVENTION  405 

shall  not,  except  in  the  case  of  overwhelming  necessity, 
be  changed  by  the  Tribunal  without  the  consent  of  the 
parties. 

ARTICLE   XXXVII 

The  parties  shall  have  the  right  to  appoint  agents  or 
attorneys  to  represent  them  before  the  Tribunal,  and  to 
serve  as  intermediaries  between  them  and  it. 

They  are  also  authorized  to  employ  for  the  defence  of 
their  rights  and  interests  before  the  Tribunal  counsellors 
or  solicitors  named  by  them  for  that  purpose. 

ARTICLE  XXXVIII 

The  Tribunal  shall  decide  upon  the  choice  of  languages 
used  by  itself,  or  to  be  authorized  for  use  before  it. 

ARTICLE  XXXIX 

As  a  general  rule  the  arbitral  procedure  shall  comprise 
two  distinct  phases  —  preliminary  examination  and  discus- 
sion. Preliminary  examination  sliall  consist  in  the  com- 
munication by  the  respective  agents  to  the  members  of 
the  Tribunal  and  to  the  opposite  party,  of  all  printed  or 
written  acts,  and  of  all  documents  containing  the  argu- 
ments to  be  invoked  in  the  case.  This  communication 
shall  be  made  in  the  form  and  within  the  period  fixed  by 
the  Tribunal,  in  accordance  with  Article  XLIX. 

The  discussion  shall  consist  in  the  oral  development 
before  the  Tribunal  of  the  argument  of  the  parties. 

ARTICLE  XL 

Every  document  produced  by  one  party  must  be  com- 
municated to  the  other  party. 


40G  PREMIERE    CONVENTION 

ARTICLE   XLI 

Les  debats  sont  diriges  par  le  President. 

lis  no  sont  publics  qu'en  vertu  d'une  decision  du  tri- 
bunal, ])rise  avec  Tassentinient  des  parties. 

lis  sont  consignes  dans  des  proces-verbaux  rediges  par 
des  Secretaires  que  nomme  le  President.  Ces  proces- 
verbaux  ont  seuls  caractere  autlientique. 

ARTICLE   XLII 

L'instruction  etant  close,  le  tribunal  a  le  droit  d'ecarter 
du  debat  tons  actes  ou  documents  nouveaux  qu'une  des 
parties  voudrait  lui  soumettre  sans  le  consentement  de 
I'autre. 

ARTICLE   XLIII 

Le  tribunal  demeure  libre  de  prendre  en  consideration 
les  actes  ou  documents  nouveaux  sur  lesquels  les  agents 
ou  Conseils  des  parties  appelleraient  son  attention. 

En  ce  cas,  le  tribunal  a  le  droit  de  requerir  la  produc- 
tion de  ces  actes  ou  documents,  sauf  I'obligation  d'en 
donner  connaissance  a  la  partie  adverse. 

ARTICLE  XLIV 

Le  tribunal  pent,  en  outre,  requerir  des  agents  des 
parties  la  production  de  tons  actes  et  demander  toutes 
explications  necessaires.  En  cas  de  refus  le  tribunal  en 
prend  acte. 

ARTICLE  XLV 

Les  agents  et  les  Conseils  des  parties  sont  autorises  a 
presenter  oralement  an  tribunal  tons  les  moyens  qu'ils 
jugent  utiles  a  la  defense  de  leur  cause. 


FIRST  CONVENTION  407 

AETICLE   XLI 

The  discussions  shall  be  under  the  direction  of  the 
President.  They  shall  be  public  only  in  case  it  shall  be 
so  decided  by  the  Tribunal,  with  the  assent  of  the  parties. 
They  shall  be  recorded  in  the  official  minutes  drawn  up 
by  the  Secretaries  appointed  by  the  President.  These 
official  minutes  alone  shall  have  an  authentic  character. 

ARTICLE   XLII 

When  the  preliminary  examination  is  concluded,  the 
Tribunal  may  refuse  admission  of  all  new  acts  or  docu- 
ments, which  one  party  may  desire  to  submit  to  it,  with- 
out the  consent  of  the  other  party. 

AETICLE   XLIII 

The  Tribunal  may  take  into  consideration  such  new 
acts  or  documents  to  which  its  attention  may  be  drawn 
by  the  agents  or  counsel  of  the  parties.  In  this  case,  the 
Tribunal  shall  have  the  right  to  require  the  production  of 
these  acts  or  documents,  but  it  is  obliged  to  make  them 
known  to  the  opposite  party. 

ARTICLE   XLIV 

The  Tribunal  may  also  require  from  the  agents  of  the 
party  the  production  of  all  papers,  and  may  demand  all 
necessary  explanations.  In  case  of  refusal,  the  Tribunal 
shall  take  note  of  the  fact. 

ARTICLE   XLV 

The  agents  and  counsel  of  the  parties  are  authorized  to 
present  orally  to  the  Tribunal  all  the  arguments  which 
they  may  think  expedient  in  support  of  their  cause. 


408  PREMIERE    CONVENTION 


ARTICLE   XLVI 

lis  ont  le  droit  de  soulever  des  exceptions  et  incidents. 
Les  decisions  du  tribunal  sur  ces  points  sont  definitives 
et  ne  peuvent  donner  lieu  a  aucune  discussion  ulterieure. 


ARTICLE  XLVII 

Les  membres  du  tribunal  ont  le  droit  de  poser  des 
questions  aux  agents  et  aux  Conseils  des  parties  et  de 
leur  demander  des  eclaircissements  sur  les  points  douteux. 

Ni  les  (questions  posees,  ni  les  observations  faites  par 
les  membres  du  tribunal  jjendant  le  cours  des  debats  ne 
23euvent  etre  regardees  comme  I'expression  des  opinions 
du  tribunal  en  general  ou  de  ses  membres  en  particulier. 

ARTICLE  XLVIII 

Le  tribunal  est  autorise  a  determiner  sa  competence  en 
interpretant  le  Compromis  ainsi  que  les  autres  Traites 
qui  peuvent  etre  invoques  dans  la  matiere,  et  en  appli- 
quant  les  principes  du  droit  international. 

ARTICLE   XLIX 

Le  tribunal  a  le  droit  de  rendre  des  ordonnances  de 
procedure  pour  la  direction  du  proces,  de  determiner  les 
formes  et  delais  dans  lesquels  chaque  partie  devra  prendre 
ses  conclusions  et  de  proceder  a  toutes  les  formalites  que 
comporte  Tadministration  des  preuves. 

ARTICLE   L 

Les  agents  et  les  Conseils  des  parties  ay  ant  presente 
tous  les  eclaircissements  et  preuves  a  I'appui  de  leur 
cause,  le  President  prononce  la  cloture  des  debats. 


FIRST   CONVENTION  409 


ARTICLE   XLYI 

They  shall  have  the  right  to  raise  objections  and  to 
make  incidental  motions.  The  decisions  of  the  Tribunal 
on  these  points  shall  be  final,  and  shall  not  form  the  sub- 
ject of  any  subsequent  discussion. 

AETICLE   XL VII 

The  members  of  the  Tribunal  shall  have  tlie  right  to 
put  questions  to  the  agents  or  counsel  of  the  parties,  and 
to  demand  explanations  from  them  on  doubtful  points. 
Neither  the  questions  put  nor  the  remarks  made  by  mem- 
bers of  the  Tribunal  during  the  discussion  or  argument 
shall  be  regarded  as  an  expression  of  opinion  by  the  Tri- 
bunal in  general,  or  by  its  members  in  particular. 

ARTICLE   XLVIII 

The  Tribunal  is  authorized  to  determine  its  own  juris- 
diction, by  interpreting  the  agreement  of  arbitration  or 
other  treaties  which  may  be  quoted  in  point,  and  by  the 
application  of  the  principles  of  international  law. 

AETICLE   XLIX 

The  Tribunal  shall  have  the  right  to  make  rules  of  pro- 
cedure for  the  direction  of  the  trial  to  determine  the  form 
and  the  periods  in  which  parties  must  conclude  the  argu- 
ment, and  to  prescribe  all  the  formalities  regulating  the 
admission  of  evidence. 

ARTICLE   L 

The  agents  and  the  counsel  of  the  parties  having  pre- 
sented all  the  arguments  and  evidence  in  support  of  their 
case,  the  President  shall  declare  the  hearing  closed. 


410  PREMIERE   CONVENTION 

ARTICLE   LI 

Les  deliberations  du  tribunal  ont  lieu  a  huis  clos. 

Toute  decision  est  prise  a  la  majorite  des  membres  du 
tribunal. 

Le  refus  d'un  membre  de  prendre  part  au  vote  doit  etre 
constate  dans  le  proces-verbal. 

ARTICLE   Lll 

La  sentence  arbitrale,  votee  a  la  majorite  des  voix,  est 
niotivee.  EUe  est  redigee  f)ar  ecrit  et  signee  par  chacun 
des  membres  du  tribunal. 

Ceux  des  membres  qui  sont  restes  en  minorite  peuvent 
constater,  en  signant,  leur  dissentiment. 

ARTICLE   LIII 

La  sentence  arbitrale  est  lue  en  seance  publique  du 
tribunal,  les  agents  et  les  Conseils  des  parties  presents  ou 
dument  appeles. 

ARTICLE   LIV 

La  sentence  arbitrale,  dument  prononcee  et  notifiee  aux 
agents  des  parties  en  litige  decide  definitivement  et  sans 
appel  la  contestation. 

ARTICLE    LV 

Les  parties  peuvent  se  reserver  dans  le  Compromis  de 
demander  la  revision  de  la  sentence  arbitrale. 

Dans  ce  cas  et  sauf  convention  contraire,  la  demande 
doit  etre  adressee  au  tribunal  qui  a  rendu  la  sentence. 
Elle  ne  pent  etre  motivee  que  par  la  decouverte  d'un  fait 
nouveau  qui  eut  ete  de   nature   a   exercer   une   influence 


FIRST   CONVENTION  411 


ARTICLE   LI 


The  deliberations  of  the  Tribunal  shall  take  place  with 
closed  doors.  Every  decision  shall  be  made  by  a  majority 
of  the  members  of  the  Tribunal.  The  refusal  of  any 
member  to  vote  shall  be  noted  in  the  official  minutes. 


ARTICLE   LII 

The  award  shall  be  made  by  a  majority  of  votes,  and 
shall  be  accompanied  by  a  statement  of  the  reasons  upon 
which  it  is  based.  It  must  be  drawn  up  in  writing  and 
signed  by  each  of  the  members  of  the  Tribunal.  Those 
members  who  are  in  the  minority  may,  in  signing,  state 
their  dissent. 

ARTICLE   LIII 

The  award  shall  be  read  in  a  public  sitting  of  the 
Tribunal,  the  agents  and  counsel  of  the  litigants  being 
present  or  having  been  duly  summoned. 

ARTICLE   LIV 

The  award  duly  pronounced  and  notified  to  the  agents 
of  the  parties  in  litigation  shall  decide  the  dispute  finally 
and  without  appeal. 

ARTICLE   LV 

The  parties  may  reserve  in  the  agreement  of  arbitra- 
tion the  right  to  demand  a  rehearing  of  the  case.  In  this 
case,  and  in  the  absence  of  any  stipulation  to  the  contrary, 
the  demand  shall  be  addressed  to  the  Tribunal  which  has 
pronounced  the  judgment ;  but  it  shall  be  based  only  on 
the  discovery  of  new  facts,  of  such  a  character  as  to  exer- 


412  PREMIERE    CONVENTION 

decisive  sur  la  sentence  et  qni,  lors  de  la  cloture  des 
debats,  etait  inconnu  du  tribunal  lui-nieme  et  de  la  partie 
qui  a  (Icniande  la  revision. 

La  procedure  de  revision  ne  pent  etre  ouverte  que  par 
une  decision  du  tribunal  constatant  expressement  I'exist- 
ence  du  fait  nouveau,  lui  reconnaissant  les  caracteres 
prevus  par  le  paragraphe  precedent  et  declarant  a  ce  titre 
la  demande  recevable. 

Le  Comi^romis  determine  le  delai  dans  lequel  la  demande 
de  revision  doit  etre  formee. 

ARTICLE   LVI 

La  sentence  arbitrale  n'est  obligatoire  que  pour  les 
parties  qui  out  conclu  le  Compromis. 

Lorsqu'il  s'agit  de  I'interpretation  d'une  Convention  a 
laquelle  ont  participe  d'autres  Puissances  que  les  parties 
en  litige,  celles-ci  notifient  aux  premieres  le  compromis 
qu'elles  ont  conclu.  Chacune  de  ces  Puissances  a  le  droit 
d'intervenir  au  proces.  Si  une  ou  plusieurs  d'entre  elles 
ont  profite  de  cette  faculte,  I'interpretation  contenue  dans 
la  sentence  est  esralement  obligatoire  a  leur  egard. 


ARTICLE   LYII 

Chaque  partie  supporte  ses  propres  frais  et  une  part 
egale  des  frais  du  tribunal. 


DISPOSITIONS    GENERALES 

ARTICLE   LVIII 

La  presente  Convention  sera  ratifee  dans  le  plus  bref 
delai  j)0ssible. 


FIRST  CONVENTION  413 

cise  a  decisive  influence  upon  the  judgment,  and  which 
at  the  time  of  the  judgment  were  unknown  to  the  Tribu- 
nal itself  and  to  the  parties  demanding  the  rehearing. 
The  proceedings  for  a  reliearing  can  only  be  begun  by  a 
decision  of  the  Tribunal  stating  expressly  the  existence 
of  the  new  fact  and  recognizing  that  it  possesses  the 
character  described  in  the  preceding  paragraph,  and  de- 
claring that  the  demand  is  admissible  on  that  ground. 
The  agreement  of  arbitration  shall  determine  the  time 
within  which  the  demand  for  a  rehearing  shall  be  made. 

ARTICLE   LVI 

The  award  shall  be  obligatory  only  upon  the  parties 
who  have  concluded  the  arbitration  agreement.  When 
there  is  a  question  of  the  interpretation  of  an  agreement 
entered  into  by  other  Powers  besides  the  parties  in  litiga- 
tion, the  parties  to  the  dispute  shall  notify  the  other 
Powers  which  have  signed  the  agreement,  of  the  special 
agreement  which  they  have  concluded.  Each  one  of  these 
Powers  shall  have  the  right  to  take  part  in  the  proceed- 
ings. If  one  or  more  among  them  avail  themselves  of 
this  permission,  the  interpretation  in  the  judgment  be- 
comes obligatory  upon  them  also. 

APvTICLE   LVII 

Each  party  shall  bear  its  own  expenses  and  an  equal 
part  of  the  expenses  of  the  Tribunal. 


GENERAL   PROVISIONS 

ARTICLE   LVIII 

The  present  Convention  shall  be  ratified  with  as  little 
delay  as  possible.     The  ratifications  shall  be  deposited  at 


414  PREMIERE   CONVENTION 

Les  ratifications  seront  deposees  a  La  Haye. 

II  sera  dresse  du  depot  de  chaque  ratification  un  proces- 
verbal,  dont  une  copie,  certifiee  conforme,  sera  remise  par 
la  voie  diplomaticiue  a  toutes  les  Puissances  qui  out  ete 
representees  a  la  Conference  Internationale  de  la  Paix  de 
La  Haye. 

AETICLE   LIX 

Les  Puissances  non-Signataires  qui  ont  ete  representees 
a  la  Conference  Internationale  de  la  Paix  pourront  adherer 
a  la  presente  Convention.  Elles  auront  a  cet  effet  a  faire 
connaitre  leur  adliesion  aux  Puissances  Contractantes,  au 
moyen  d'une  notification  ecrite,  adressee  au  Gouverne- 
ment  des  Pays-Bas  et  communiquee  par  celui-ci  a  toutes 
les  autres  Puissances  Contractantes. 

ARTICLE   LX 

Les  conditions  auxquelles  les  Puissances  qui  n'ont  pas 
ete  representees  a  la  Conference  Internationale  de  la  Paix, 
pourront  adherer  a  la  presente  Convention,  formeront 
I'objet  d'une  entente  ulterieure  entre  les  Puissances  Con- 
tractantes. 

AETICLE    LXI 

S'il  arrivait  qu'uue  des  Ilautes  Parties  Contractantes 
denongat  la  presente  Convention,  cette  denonciation  ne 
produirait  ses  effets  qu'un  an  'apres  la  notification  faite 
par  ecrit  au  Gouverneraent  des  Pays-Bas  et  communiquee 
immediatement  par  celui-ci  a  toutes  les  autres  Puissances 
Contractantes. 

Cette  denonciation  ne  produira  ses  effets  qu'a  I'egard 
de  la  Puissance  qui  Faura  notifiee. 

En  foi  de  quoi,  les  Plenipotentiaires  ont  signe  la  pre- 
sente Convention  et  I'ont  revetue  de  leurs  sceaux. 


FIRST  CONVENTION  415 

The  Hague.  An  official  report  of  each  ratification  shall 
be  made,  a  certified  copy  of  which  shall  be  sent  through 
diplomatic  channels  to  all  the  Powers  represented  in  the 
Peace  Conference  at  The  Hague. 


AETICLE   LIX 

The  Powers  which  were  represented  at  the  International 
Peace  Conference  but  which  have  not  signed  this  Conven- 
tion may  become  parties  to  it.  For  this  purpose  they  will 
make  known  to  the  Contracting  Powers  their  adherence 
by  means  of  a  written  notification  addressed  to  all  the 
other  Contracting  Powers. 


ARTICLE   LX 

The  conditions  under  which  Powers  not  represented  in 
the  International  Peace  Conference  may  become  adherents 
to  the  present  Convention  shall  be  determined  hereafter 
by  agreement  betweeJi  the  Contracting  Powers. 

ARTICLE   LXI 

If  one  of  the  High  Contracting  Parties  shall  give  notice 
of  a  determination  to  withdraw  from  the  present  Conven- 
tion, this  notification  shall  have  its  effect  only  after  it  has 
been  made  in  writing  to  the  Government  of  The  Nether- 
lands and  communicated  by  it  immediately  to  all  the  other 
Contracting  Powers.  This  notification  shall  have  no  effect 
except  for  the  Power  which  has  made  it. 

In  faith  of  which  the  Plenipotentiaries  have  signed  the 
present  Convention  and  affixed  their  seals  to  it. 

Done  at  the  Hague,  the  29th  July,  1899,  in  a  single  copy, 


416  SECONDE    COXVENTION 

Fait  a  La  Ilaye,  le  29  Juillet,  181>9,  en  un  seul  exem- 
plaire,  qui  restera  depose  dans  les  archives  du  Gouverne- 
nient  des  Pays-Bas  et  dont  des  copies,  certifiees  conformes, 
seront  remises  par  la  voie  diplomatique  aux  Puissances 
Contractantes. 

(Signatures.) 


CONVENTION    CONCERNANT    LES    LOIS    ET 
COUTUMES   DE    LA    GUERRE    SUR   TERRE 

(Pour  I'entete  voir  la  Convention  pour  le  rfeglement  pacifique  des 
Conflits  internationaux) 

Considerant  que,  tout  en  recherchant  les  moyens  de 
sauvegarder  la  paix  et  de  prevenir  les  conflits  armes  entre 
les  nations,  il  importe  de  se  preoccuper  egalement  du  cas 
ou  Fappel  aux  armes  serait  amene  par  des  evenements  que 
leur  soUicitude  n'aurait  pu  detourner  ; 

Animes  du  clesir  de  servir  encore,  dans  cette  hypothese 
extreme,  les  interets  de  I'liumanite  et  les  exigences  toujours 
progressives  de  la  civilisation  ; 

Estimant  qu'il  importe,  a  cette  fin,  de  reviser  les  lois  et 
coutumes  generales  de  la  guerre,  soit  dans  le  but  de  les 
definir  avec  plus  de  precision,  soit  afin  d'y  tracer  certaines 
limites  destinees  a  en  restreindre  autant  que  possible  les 
rigueurs; 

S'inspirant  de  ces  vues  recommandees  aujourd'hui, 
comme  il  y  a  vingt-cinq  ans,  lors  de  la  Conference  de 
Bruxelles  de  1874,  par  une  sage  et  genereuse  pre- 
voyance  ; 

Ont,  dans  cet  esprit,  adopte  un  grand  nombre  de  dis- 
positions qui  ont  pour  objet  de  definir  et  de  regler  les 
usages  de  la  guerre  sur  terra. 

Selon  les  vues  des  Hautes  Parties  Contractantes,  ces 
dispositions,  dont  la  redaction  a  ete  inspiree  par  le  desir  de 


SJiCOND    CONVENTION  417 

which  shall  remain  in  the  archives  of  the  Netherland  Gov- 
ernment, and  copies  of  it,  duly  certified,  be  sent  through 
the  diplomatic  channel  to  the  Contracting  Powers. 


(Signatures.) 


CONVENTION  WITH    RESPECT  TO  THE  LAWS 
AND    CUSTOMS    OF   WAR   ON   LAND 

(For  the  heading  see  the  Convention  for  the  Peaceful  Adjustment  of 
International  differences.) 

Considering  that,  while  seeking  means  to  preserve  peace 
and  prevent  armed  conflicts  among  nations,  it  is  likewise 
necessary  to  have  regard  to  cases  where  an  appeal  to  arms 
may  be  caused  by  events  which  their  solicitude  could  not 
avert ; 

Animated  by  the  desire  to  serve,  even  in  this  extreme 
case,  the  interests  of  humanity  and  the  ever  increasing 
requirements  of  civilization ; 

Considering  it  important,  with  this  object,  to  revise  the 
laws  and  general  customs  of  war,  either  with  the  view  of 
defining  them  more  precisely,  or  of  laying  down  certain 
limits  for  the  purpose  of  modifying  their  severity  as  far 
as  possible ; 

Inspired  by  these  views  which  are  enjoined  at  the 
present  day,  as  they  were  twenty-five  years  ago  at  the 
time  of  the  Brussels  Conference  in  1874,  by  a  wise  and 
generous  foresight ; 

Have,  in  this  spirit,  adopted  a  great  number  of  provi- 
sions, the  object  of  which  is  to  define  and  govern  the 
usages  of  war  on  land. 

In  the  view  of  the  High  Contracting  Parties,  these 
provisions,   the  wording  of  which  has  been  inspired  by 

2£ 


418  SECONDE    COX  VENT  ION 

diminuer  les  maux  de  la  guerre,  autant  que  les  necessites 
militaires  le  perraettent,  sont  destinees  a  servir  de  regie 
generale  de  couduite  aux  belligerants,  dans  leurs  rapports 
entre  eux  et  avec  les  populations. 

II  n'a  pas  ete  possible  toutefois  de  concerter  des  main- 
tenant  des  stipulations  s'etendant  a  toutes  les  circon- 
stances  qui  se  presentent  dans  la  prati(^ue. 

D'autre  part,  il  ne  pouvait  entrer  dans  les  intentions 
des  Hautes  Parties  Contractantes  que  les  cas  non  prevus 
f ussent,  f ante  de  stipulation  ecrite,  laissees  a  rappreciation 
arbitraire  de  ceux  qui  dirigent  les  armees. 

En  attendant  qu'un  code  plus  complet  des  lois  de  la 
guerre  puisse  etre  edicte,  les  Hautes  Parties  Contractantes 
jugent  opportun  de  constater  que,  dans  les  cas  non  com- 
pris  dans  les  dispositions  reglementaires  adoptees  par 
elles,  les  populations  et  les  belligerants  restent  sous  la 
sauvegarde  et  sous  Tempire  des  principes  du  droit  des 
gens,  tels  qu'ils  resultent  des  usages  etablis  entre  nations 
civilisees,  des  lois  de  riiumanite,  et  des  exigences  de  la 
conscience  publique  ; 

Elles  declarent  que  c'est  dans  ce  sens  que  doivent  s'en- 
tendre  notamment  les  Articles  I  et  II  du  Reglement 
adopte ; 

Les  Hautes  Parties  Contractantes  desirant  conclure  une 
Convention  a  cet  effet  out  nomme  pour  leurs  Plenipoten- 
tiaires,  savoir  :  — 

(Noms.) 

Lesquels,  apres  s'etre  communique  leurs  pleins  pouvoirs, 

trouves  en  bonne  et  due  forme,  sont  convenus  de  ce  qui 

suit :  — 

ARTICLE    I 

Les  Hautes  Parties  Contractantes  donneront  a  leurs 
forces  armees  de  terre  des  instructions  qui  seront  con- 
formes  au  "  Reglement  concernant  les  Lois  et  Coutumes 
de  la  Guerre  sur  Terre,"  annexe  a  la  presente  Convention. 


SECOND    CONVENTION  419 

the  desire  to  diminish  the  evils  of  war  so  far  as  military 
necessities  permit,  are  destined  to  serve  as  general  rules 
of  conduct  for  belligerents  in  their  relations  with  each 
other  and  with  populations. 

It  has  not,  however,  been  possible  to  agree  forthwith 
on  provisions  embracing  all  the  circumstances  which  occur 
in  practice. 

On  the  other  hand,  it  could  not  be  intended  by  the 
High  Contracting  Parties  that  the  cases  not  provided  for 
should,  for  want. of  a  written  provision,  be  left  to  the 
arbitrary  judgment  of  the  military  Commanders. 

Until  a  more  complete  code  of  the  laws  of  war  is  issued, 
the  Hiffh  Contracting"  Parties  think  it  right  to  declare 
that  in  cases  not  included  in  the  Regulations  adopted 
by  them,  populations  and  belligerents  remain  under  the 
protection  and  empire  of  the  principles  of  international 
law,  as  they  result  from  the  usages  established  between 
civilized  nations,  from  the  laws  of  humanity,  and  the 
requirements  of  the  public  conscience  ; 

They  declare  that  it  is  in  this  sense  especially  that 
Articles  I  and  II  of  the  Regulations  adopted  must  be 
understood ; 

The  High  Contracting  Parties,  desiring  to  conclude  a 
Convention  to  this  effect,  have  appointed  as  their  Pleni- 
potentiaries, to  wit :  — 

(Names.) 

Who,  after  communication  of  their  full  powers,  found 
in  good  and  due  form,  have  agreed  on  the  following  :  — 

ARTICLE   I 

The  High  Contracting  Parties  shall  issue  instructions 
to  their  armed  land  forces,  which  shall  be  in  conformity 
with  the  "  Regulations  respecting  the  Laws  and  Customs 
of  War  on  Land  "  annexed  to  the  present  Convention. 


420  SECONDE    CONVENTION 

ARTICLE   II 

Les  dispositions  contenues  dans  le  Reglement  vise  a 
I'Articlo  P'"  ne  sont  obligatoires  que  pour  les  Puissances 
Contractantes,  en  cas  de  guerre  entre  deux  ou  plusieurs 
d'entre  elles. 

Ces  dispositions  cesseront  d'etre  obligatoires  du  moment 
ou,  dans  une  guerre  entre  des  Puissances  Contractantes, 
une  Puissance  non-Contractante  se  joindraifc  a  Tun  des 
belligerants. 

ARTICLE   III 

La  presente  Convention  sera  ratifiee  dans  le  plus  bref 
delai  possible. 

Les  ratifications  seront  deposees  a  La  Haye. 

II  sera  dresse  du  depot  de  cliaque  ratification  un  proces- 
verbal,  dont  une  copie,  certifiee  conforme,  sera  remise 
par  la  voie  diplomatique  a  toutes  les  Puissances  Contrac- 
tantes. 

ARTICLE   IV 

Les  Puissances  non-Signataires  sont  admises  a  adherer 
a  la  presente  Convention. 

Elles  auront,  a  cet  effet,  a  faire  connaitre  leur  adhesion 
aux  Puissances  Contractantes  an  moyen  d'une  notification 
ecrite,  adressee  au  Gouvernement  des  Pays-Bas,  et  com- 
muniquee  par  celui-ci  a  toutes  les  autres  Puissances  Con- 
tractantes. 

ARTICLE   V 

S'il  arrivait  qu'une  des  Ilautes  Parties  Contractantes 
denongat  la  presente  Convention,  cette  denonciation  ne 
produirait  ses  effets  qu'un  an  apres  la  notification  faite 
par  ecrit  au  Gouvernement  des  Pays-Bas  et  communiquee 
immediatement  par  celui-ci  a  toutes  les  autres  Puissances 
Contractantes. 


SECOND    CONVENTION  421 

ARTICLE   II 

The  provisions  contained  in  the  Regulations  mentioned 
in  Article  I  are  binding  only  on  the  Contracting  Powers, 
in  case  of  war  between  two  or  more  of  them. 

These  provisions  shall  cease  to  be  binding  from  tlie 
time  when,  in  a  war  between  Contracting  Powers,  a  Non- 
Contracting  Power  joins  one  of  the  belligerents. 


ARTICLE   III 

The  present  Convention  shall  be  ratified  as  speedily  as 
possible. 

The  ratifications  shall  be  deposited  at  The  Hague. 

A  proces-verbal  shall  be  drawn  up  recording  the  receipt 
of  each  ratification,  and  a  copy,  duly  certified,  shall  be 
sent  through  the  diplomatic  channel  to  all  the  Contract- 
ing Powers. 

ARTICLE   IV 

Non-Signatory  Powers  are  allowed  to  adhere  to  the 
present  Convention. 

For  tliis  purpose  they  must  make  their  adhesion  known 
to  the  Contracting  Powers  by  means  of  a  written  notifica- 
tion addressed  to  the  Netherland  Government,  and  by 
it  communicated  to  all  the  other  Contracting  Powers. 

ARTICLE   V 

In  the  event  of  one  of  the  High  Contracting  Parties 
denouncing  the  present  Convention,  such  denunciation 
would  not  take  effect  until  a  year  after  the  written  no- 
tification made  to  the  Netherland  Covernment,  and  by 
it  at  once  communicated  to  all  the  other  Contractinsr 
Powers. 


422  SECONDS   CONVENTION 

Cette  denonciation  ne  produira  ses  effets  qii'a  Tegard 
de  la  Puissance  qui  I'aura  notifiee. 

En  foi  de  quoi,  les  Plenipotentiaires  ont  signe  la  pre- 
sente  Convention  et  I'ont  revetue  de  leurs  cachets. 

Fait  a  La  Haye,  le  29  Juillet,  1899,  en  un  seul  exem- 
plaire,  qui  restera  depose  dans  les  archives  du  Gouverne- 
ment  des  Pays-Bas  et  dont  des  copies,  certifiees  conformes, 
seront  remises  par  la  voie  diplomatique  aux  Puissances 
Contractantes. 

(Signatures.) 


ANNEXE   A   LA   CONVENTION 


Reglement  coneernant  les  Lois  et    Coutumes  de  la    Guerre 

sur  Terre 

Section  I.  —  Des  Belligerants 

Chapitee  I.  —  De  la   Qualite  de  Belligerants 

AKTICLE   I 

Les  lois,  les  droits,  et  les  devoirs  de  la  guerre  ne 
s'appliquent  pas  seulement  a  Tarmee,  mais  encore  aux 
milices  et  aux  corps  de  volontaires,  reunissant  les  con- 
ditions suivantes :  — 

1.  D'avoir  a  leur  tete  une  personne  responsable  pour 
ses  subordonnes  ; 

2.  D'avoir  un  signe  distinctif  fixe  et  reconnaissable  a 
distance  ; 

3.  De  porter  les  armes  ouvertement  ;  et 

4.  De  se  conformer  dans  leurs  operations  aux  lois  et 
coutumes  de  la  guerre. 

Dans  les  pays  ou  les  milices  ou  des  corps  de  volontaires 


SECOND    CONVENTION  423 

Tliis  denunciation  shall  affect  only  the  notifying 
Power. 

In  faith  of  which  the  Plenipotentiaries  have  signed  the 
present  Convention  and  affixed  their  seals  thereto. 

Done  at  The  Hague,  the  29th  July,  1899,  in  a  single 
copy,  which  shall  be  kept  in  the  archives  of  the  Nether- 
land  Government,  and  copies  of  which,  duly  certified, 
shall  be  delivered  to  the  Contracting  Powers  through  the 
diplomatic  channel. 

(Signatures.) 


ANNEX   TO    THE   CONVENTION 


Regulations  respecting  the  Laivs  and   Customs  of  War  on 

Land 

Section  I.  —  On  Belligerents 

Chapter  I. —  On  the  Qualification  of  Belligerents 

ARTICLE   I 

The  laws,  rights,  and  duties  of  war  apply  not  only  to 
armies,  but  also  to  militia  and  volunteer  corps,  fulfilling 
the  following  conditions  :  — 

1.  To  be  commanded  by  a  person  responsible  for  his 
subordinates  ; 

2.  To  have  a  fixed  distinctive  emblem  recognizable  at 
a  distance  ; 

3.  To  carry  arms  openly  ;  and 

4.  To  conduct  their  operations  in  accordance  with  the 
laws  and  customs  of  war. 

In  countries  where  militia  or  volunteer  corps  constitute 


424  SE COX  1)1-:    CONVENTION 

constituent  I'armee  on  en  font  partie,  ils  sont  compris  sous 
la  denomination  "d'armee." 

ARTICLE   II 

La  population  d'un  territoire  non  occupe  qui,  a 
I'approche  de  I'ennemi,  prend  spontanement  les  armes 
pour  combattre  les  troupes  d'invasion  sans  avoir  eu  le 
temps  de  s'organiser  conformement  a  I'Article  P"",  sera 
consideree  comme  belligerante  si  elle  respecte  les  lois  et 
coutumes  de  la  guerre. 

AETICLE  III 

Les  forces  armees  des  parties  belligerantes  peuvent  se 
composer  de  combattants  et  de  non-combattants.  En  cas 
de  capture  par  I'ennemi,  les  uns  et  les  autres  ont  droit  au 
traitement  des  prisonniers  de  guerre. 

Chapitre  IL — Des  Prisonniers  de   Guerre 
ARTICLE   IV 

Les  prisonniers  de  guerre  sont  au  pouvoir  du  Gouverne- 
ment  ennemi,  mais  non  des  individus  ou  des  corps  qui  les 
ont  captures. 

lis  doivent  etre  traites  avec  humanite. 

Tout  ce  qui  leur  appartient  personnellement,  excepte  les 
armes,  les  chevaux,  et  les  papiers  militaires,  reste  leur 
propriete. 

ARTICLE  V 

Les  prisonniers  de  guerre  peuvent  etre  assujettis  a 
I'internement  dans  une  ville,  forteresse,  camp,  ou  localite 
quelconque,  avec  obligation  de  ne  pas  s'en  eloigner  au  dela 
de  certaines  limites  determinees  ;  mais  ils  ne  peuvent  etre 
enfermes  que  par  mesure  de  surete  indispensable. 


SECOND   CONVENTION  425 

the  army,  or  form  part  of  it,  they  are  included  under  the 
denomination  "army." 

ARTICLE   II 

The  popuhition  of  a  territory  which  has  not  been  occu- 
pied, who,  on  the  enemy's  approach,  spontaneously  take 
up  arms  to  resist  the  invading  troops  without  having  time 
to  organize  themselves  in  accordance  with  Article  I,  shall 
be  regarded  as  belligerent,  if  they  respect  the  laws  and 
customs  of  war. 

ARTICLE  III 

The  armed  forces  of  the  belligerent  parties  may  consist 
of  combatants  and  non-combatants.  In  case  of  capture  by 
the  enemy  both  have  a  right  to  be  treated  as  prisoners  of 
war. 

Chapter   II.  —  On  Prisoners  of  War 
ARTICLE   IV 

Prisoners  of  war  are  in  the  power  of  the  hostile  Gov- 
ernment, but  not  in  that  of  the  individuals  or  corps  who 
captured  them. 

They  must  be  humanely  treated. 

All  their  personal  belongings,  except  arms,  horses,  and 
military  papers  remain  their  property. 

ARTICLE   V 

Prisoners  of  war  may  be  detained  in  a  town,  fortress, 
camp,  or  any  other  locality,  and  bound  not  to  go  beyond 
certain  fixed  limits  ;  but  they  can  only  be  confined  as  an 
indispensable  measure  of  safety. 


426  SECONDE   CONVENTlUN 

ARTICLE   VI 

L'Etat  pent  employer,  conime  travailleurs,  les  prison- 
niers  de  guerre,  selon  leur  grade  et  leurs  aptitudes.  Ces 
travaux  ne  seront  pas  excessifs  et  n'auront  aucun  rapport 
avec  les  operations  de  la  guerre. 

Les  prisonniers  peuvent  etre  autorises  a  travailler  pour 
le  compte  d'Administrations  Publiques  ou  de  particuliers, 
ou  pour  leur  propre  compte. 

Les  travaux  fait  pour  FEtat  sont  payes  d'apres  les  tarifs 
en  vigueur  pour  les  militaires  de  Tarmee  nationale  execu- 
tant les  memes  travaux. 

Lorsque  les  travaux  out  lieu  pour  le  compte  d'autres 
Administrations  Publiques  ou  pour  des  particuliers,  les 
conditions  en  sont  reglees  d'accord  avec  I'autorite  militaire. 

Le  salaire  des  prisonniers  contribuera  a  adoucir  leur 
position,  et  le  surplus  leur  sera  compte  au  moment  de  leur 
liberation,  sauf  defalcation  des  frais  d'entretien. 

ARTICLE   VII 

Le  Gouvernement  au  pouvoir  duquel  se  trouvent  les 
prisonniers  de  guerre  est  charg^  de  leur  entretien. 

A  defaut  d'une  entente  speciale  entre  les  belligerants, 
les  prisonniers  de  guerre  seront  traites,  pour  la  nourriture, 
le  couchage,  et  riiabillement,  sur  le  meme  pied  que  les 
troupes  du  Gouvernement  qui  les  aura  captures. 

ARTICLE  VIII 

Les  prisonniers  de  guerre  seront  soumis  aux  lois,  regle- 
ments,  et  ordres  en  vigueur  dans  I'armee  de  I'Etat  au 
pouvoir  duquel  ils  se  trouvent. 

Tout  acte  d'insubordi nation  autorise,  a  leur  egard,  les 
mesures  de  rigueur  necessaires. 


SECOND   CONVENTION  427 

articlp:  VI 

The  State  may  utilize  the  labor  of  prisoners  of  war 
according  to  their  rank  and  aptitude.  Their  tasks  shall 
not  be  excessive,  and  shall  have  nothing  to  do  with  the 
military  operations. 

Prisoners  may  be  authorized  to  work  for  the  Public 
Service,  for  private  persons,  or  on  their  own  account. 

Work  done  for  the  State  shall  be  paid  for  according  to 
the  tariffs  in  force  for  soldiers  of  the  national  army  em- 
ployed on  similar  tasks. 

When  the  work  is  for  other  branches  of  the  Public 
Service  or  for  private  persons,  the  conditions  shall  be 
settled  in  agreement  with  the  military  authorities. 

The  wages  of  the  prisoners  shall  go  toward  improving 
their  position,  and  the  balance  shall  be  paid  them  at  the 
time  of  their  release,  after  deducting  the  cost  of  their 
maintenance. 

AETICLE   VII 

The  Government  into  whose  hands  prisoners  of  war 
have  fallen  is  bound  to  maintain  them. 

Failing  a  special  agreement  between  the  belligerents, 
prisoners  of  war  shall  be  treated  as  regards  food,  quarters, 
and  clothing,  on  the  same  footing  as  the  troops  of  the 
Government  which  has  captured  them. 

ARTICLE   VIII 

Prisoners  of  war  shall  be  subject  to  the  laws,  regula- 
tions, and  orders  in  force  in  the  army  of  the  State  into 
whose  hands  they  have  fallen. 

Any  act  of  insubordination  warrants  the  adoption,  as 
regards  them,  of  such  measures  of  severity  as  may  be 
necessary. 


428  SECONDS   CONVENTION 

Les  prisonniers  evades,  qui  seraient  repris  avant  d'avoir 
pu  rejoiiidre  leur  annee  on  avant  de  quitter  le  territoire 
occupe  par  Tarniee  qui  les  aura  captures,  sont  passibles  de 
peines  disciplinaires. 

Les  prisonniers  qui,  apres  avoir  reussi  a  s'evader,  sont 
de  nouveau  faits  prisonniers,  ne  sont  passibles  d'aucune 
peine  pour  la  fuite  anterieure. 

ARTICLE   TX 

Chaque  prisonnier  de  guerre  est  tenu  de  declarer,  s'il 
est  interroge  a  ce  sujet,  ses  veritables  noms  et  grade  et, 
dans  le  cas  ou  il  enfreindrait  cette  regie,  il  s'exposerait  a 
une  restriction  des  avantages  accordes  aux  prisonniers  de 
guerre  de  sa  categoric. 

ARTICLE   X 

Les  prisonniers  de  guerre  peuvent  etre  mis  en  liberte 
sur  parole,  si  les  lois  de  leur  pays  les  y  autorisent,  et,  en 
pareil  cas,  ils  sont  obliges,  sous  la  garantie  de  leur  lionneur 
personnel,  de  reraplir  scrupuleusement,  tant  vis-a-vis  de 
leur  propre  Gouvernement  que  vis-a-vis  de  celui  qui  les  a 
faits  prisonniers,  les  engagements  qu'ils  auraient  con- 
tractes. 

Dans  le  meme  cas,  leur  propre  Gouvernement  est  tenu 
de  n'exiger  ni  accepter  d'eux  aucun  service  contraire  a  la 
parole  donnee. 

ARTICLE   XI 

Un  prisonnier  de  guerre  ne  pent  etre  contraint  d'accepter 
sa  liberte  sur  parole;  de  meme  le  Gouvernement  ennemi 
n'est  pas  oblige  d'acceder  a  la  demande  du  prisonnier  re- 
clamant  sa  mise  en  liberte  sur  parole. 


SECOND   CONVENTION  429 

Escaped  prisoners,  recaptured  before  they  have  suc- 
ceeded in  rejoining  their  army,  or  before  quitting  the 
territory  occupied  by  the  army  that  captured  them,  are 
liable  to  disciplinary  punishment. 

Prisoners  who,  after  succeeding  in  escaping  are  again 
taken  prisoners,  are  not  liable  to  any  punishment  for  the 
previous  flight. 

ARTICLE   IX 

Every  prisoner  of  war,  if  questioned,  is  bound  to 
declare  his  true  name  and  rank,  and  if  he  disregards  this 
rule,  he  is  liable  to  a  curtailment  of  the  advantages 
accorded  to  the  prisoners  of  war  of  his  class. 


ARTICLE   X 

Prisoners  of  war  may  be  set  at  liberty  on  parole  if  the 
laws  of  their  country  authorize  it,  and,  in  such  a  case, 
they  are  bound,  on  their  personal  honor,  scrupulously  to 
fulfil,  both  as  regards  their  own  Government  and  the 
Government  by  whom  they  were  made  prisoners,  the 
engagements  tlie}^  have  contracted. 

In  such  cases,  their  own  Government  shall  not  require 
of  nor  accept  from  them  any  service  incompatible  with 
the  parole  given. 


ARTICLE   XI 

A  prisoner  of  war  cannot  be  forced  to  accept  his  liberty 
on  parole;  similarly  the  hostile  Government  is  not  obliged 
to  assent  to  the  prisoner's  request  to  be  set  at  liberty  on 
parole. 


430  SECONDE    CONVENTION 


ARTICLE  XII 


Tout  prisonnier  de  guerre,  libere  sur  parole  et  repris 
portant  les  amies  centre  le  Gouvernement  envers  lequel  il 
s'etait  engage  d'honneur,  ou  centre  les  allies  de  celui-ci, 
perd  le  droit  au  traitement  des  prisonniers  de  guerre  et 
peut  etre  traduit  devant  les  Tribunaux. 

ARTICLE  XIII 

Les  individus  qui  suivent  une  armee  sans  en  faire 
directement  partie,  tels  que  les  correspondants  et  les 
reporters  de  journaux,  les  vivandiers,  les  fournisseurs,  qui 
tombent  au  pouvoir  de  I'ennemi  et  que  celui-ci  juge  utile 
de  detenir,  out  droit  au  traitement  des  prisonniers  de  guerre, 
a  condition  qu'ils  soient  munis  d'une  legitimation  de 
I'autorite  militaire  de  I'armee  qu'ils  accompagnaient. 

ARTICLE   XIV 

II  est  constitue,  des  le  debut  des  hostilites,  dans  chacun 
des  Etats  belligerants  et,  le  cas  echeant,  dans  les  pays 
neutres  qui  auront  recueilli  des  belligerants  sur  leur 
territoire,  un  Bureau  de  Renseignements  sur  les  prisonniers 
de  guerre.  Ce  bureau,  charge  de  repondre  a  toutes  les 
demandes  qui  les  concernent,  rcQoit  des  divers  services 
competents  toutes  les  indications  necessaires  pour  lui  per- 
mettre  d'etablir  une  fiche  individuelle  pour  chaque  pris- 
onnier de  guerre.  II  est  tenu  au  courant  des  internements 
et  des  mutations,  ainsi  que  des  entrees  dans  les  hopitaux 
et  des  deces. 

Le  Bureau  de  Renseignements  est  egalement  charge  de 
recueillir  et  de  centraliser  tons  les  objets  d'un  usage  per- 
sonnel, valeurs,  lettres,  &c.,  qui  seront  trouves  sur  les 
champs  de  bataille  ou  delaisses  par  des  prisonniers  decedes 
dans  les  hopitaux  et  ambulances,  et  de  les  transmettre  aux 
int-.Pirftsses. 


SECOND   CONVENTION  431 

ARTICLE   XII 

Any  prisoner  of  war,  who  is  liberated  on  parole  and 
recaptured,  bearing  arms  against  the  Government  to  whom 
he  had  pledged  his  honor,  or  against  the  allies  of  that 
Government,  forfeits  his  right  to  be  treated  as  a  prisoner 
of  war,  and  can  be  brought  before  the  Courts. 

ARTICLE   XIII 

Individuals  who  follow  an  army  without  directly  be- 
longing to  it,  such  as  newspaper  correspondents  and 
reporters,  sutlers,  contractors,  who  fall  into  the  enemy's 
hands,  and  whom  the  latter  think  fit  to  detain,  have  a 
right  to  be  treated  as  prisoners  of  war,  provided  they  can 
produce  a  certificate  from  the  military  authorities  of  the 
army  they  were  accompanying. 

ARTICLE   XIV 

A  Bureau  of  Information  relative  to  prisoners  of  war 
shall  be  instituted,  on  the  commencement  of  hostilities,  in 
each  of  the  belligerent  States  and,  when  necessary,  in  the 
neutral  countries  on  whose  territory  belligerents  have  been 
received.  This  Bureau  is  intended  to  answer  all  inquiries 
about  prisoners  of  war,  and  shall  be  furnished  by  the 
various  services  concerned  with  all  the  necessary  infor- 
mation to  enable  it  to  keep  an  individual  return  for  each 
prisoner  of  war.  It  is  kept  informed  of  internments  and 
changes,  as  well  as  of  admissions  into  hospital  and 
deatlis. 

It  is  also  the  duty  of  the  Bureau  of  Information  to  receive 
and  collect  all  objects  of  personal  use,  valuables,  letters, 
etc.,  found  on  the  battlefields  or  left  by  prisoners  who 
have  died  in  hospital  or  ambulance,  and  to  transmit  them 
to  those  interested. 


432  SECONDE    COAVENTION 

ARTICLE  XV 

Les  Societes  de  Secours  pour  les  prisonniers  de  guerre, 
reguliereraent  constituees  selon  la  loi  de  leur  pays  et  ayant 
pour  objet  d'etre  les  intermediaires  de  raction  charitable, 
recevront,  de  la  part  des  belligerants,  pour  elles  et  pour 
leurs  agents  dument  accredites,  toute  facilite,  dans  les 
limites  tracees  par  les  necessites  militaires  et  les  regies 
administratives,  pour  accomplir  eflicacement  leur  tache 
d'liumanite.  Les  Delegues  de  ces  Societes  pourront  etre 
admis  a  distribuer  des  secours  dans  les  depots  d'interne- 
ment,  ainsi  qu'aux  lieux  d'etape  des  prisonniers  rapatries, 
moyennant  une  permission  personnelle  delivree  par 
Tautorite  militaire,  et  en  prenant  Tengagement  par  ecrit 
de  se  soumettre  a  toutes  les  mesures  d'ordre  et  de  police 
que  celle-ci  prescrirait. 

ARTICLE   XVI 

Les  Bureaux  de  Renseignements  jouissent  de  la  franchise 
de  port.  Les  lettres,  mandats,  et  articles  d'argent,  ainsi 
que  les  colis  postaux  destines  aux  prisonniers  de  guerre  ou 
expedies  par  eux,  seront  affranchis  de  toutes  taxes  postales, 
aussi  l)ien  dans  les  pays  d'origine  et  de  destination  que 
dans  les  pays  intermediaires. 

Les  dons  et  secours  en  nature  destines  aux  prisonniers 
de  guerre  seront  admis  en  franchise  de  tons  droits  d'entree 
et  autres,  ainsi  que  des  taxes  de  transport  sur  les  chemins 
de  fer  exploites  par  I'Etat. 

ARTICLE   XVII 

Les  officiers  prisonniers  pourront  recevoir  le  comple- 
ment, s'il  y  a  lieu,  de  la  solde  qui  leur  est  attribuee  dans 
cette  situation  par  les  Reglements  de  leur  pays,  a  charge 
de  remboursement  par  leur  Gouvernement. 


SECOND   CONVENTION  433 


ARTICLE   XV 


Relief  Societies  for  prisoners  of  war,  whioli  are  regu- 
larly constituted  in  accordance  with  the  law  of  the  country 
with  the  object  of  serving  as  the  intermediary  for  charity, 
shall  receive  from  the  belligerents  for  themselves  and  their 
duly  accredited  agents  every  facilit}^  within  the  bounds 
of  military  requirements  and  Administrative  Regulations, 
for  the  effective  accomplishment  of  their  humane  task. 
Delegates  of  these  Societies  may  be  admitted  to  the  places 
of  internment  for  the  distribution  of  relief,  as  also  to  the 
halting  places  of  repatriated  prisoners,  if  furnished  witli 
a  personal  permit  by  the  military  authorities,  and  on 
giving  an  engagement  in  writing  to  comply  with  all  their 
Regulations  for  order  and  police. 


ARTICLE   XVI 

The  Bureau  of  Information  shall  have  the  privilege  of 
free  postage.  Letters,  money  orders,  and  valuables,  as  well 
as  postal  parcels  destined  for  the  prisoners  of  war  or  de- 
spatched by  them,  shall  be  free  of  all  postal  duties,  both  in 
the  countries  of  origin  and  destination,  as  well  as  in  those 
they  pass  through. 

Gifts  and  relief  in  kind  for  prisoners  of  war  shall  be 
admitted  free  of  all  duties  of  entry  and  others,  as  well  as 
of  payments  for  carriage  by  the  Government  railways. 


ARTICLE   XVII 

Officers  taken  prisoners  may  receive,  if  necessary,  the  full 
pay  allowed  them  in  this  position  by  their  country's  regu- 
lations, the  amount  to  be  repaid  by  their  Government. 


2p 


434  SECONDE   CONVENTION 

ARTICLE  XVIII 

Toute  latitude  est  laissee  aux  prisonniers  de  guerre  pour 
I'exercice  de  leur  religion,  y  compris  I'assistance  aux  offices 
de  leur  culte,  a  la  seule  condition  de  se  con  former  aux 
mesures  d'ordre  et  de  police  prescrites  par  I'autorite 
militaire. 

ARTICLE  XIX 

Les  testaments  des  prisonniers  de  guerre  sont  regus  ou 
dresses  dans  les  memes  conditions  que  pour  les  militaires 
de  I'armee  nationale. 

On  suivra  egalement  les  memes  regies  en  ce  qui  con- 
cerne  les  pieces  relatives  a  la  constatation  des  deces,  ainsi 
que  pour  I'inhumation  des  prisonniers  de  guerre,  en  tenant 
compte  de  leur  grade  et  de  leur  rang. 

ARTICLE   XX 

Apres  la  conclusion  de  la  paix,  le  repatriement  des 
prisonniers  de  guerre  s'effectuera  dans  le  plus  bref  delai 
possible. 

Chapitre  III.  —  Des  Malades  et  des  Blesses 

ARTICLE  XXI 

Les  obligations  des  belligerants  concernant  le  service 
des  malades  et  des  blesses  sont  regies  par  la  Convention  de 
Geneve  du  22  Aoiit,  1864,  sauf  les  modifications  dont 
celle-ci  pourra  etre  I'obiet. 


SECOND   CONVENTION  435 


ARTICLE   XVIII 

Prisoners  of  war  shall  enjoy  every  latitude  in  the  exer- 
cise of  their  religion,  including  attendance  at  their  own 
church  service,  provided  only  they  comply  with  the 
regulations  for  order  and  police  ordinances  issued  by  the 
military  authorities. 

ARTICLE   XIX 

The  wills  of  prisoners  of  war  shall  be  received  or  drawn 
up  on  the  same  conditions  as  for  soldiers  of  the  national 
army. 

The  same  rules  shall  be  observed  regarding  death  cer- 
tificates, as  well  as  for  the  burial  of  prisoners  of  war,  due 
regard  being  paid  to  their  grade  and  rank. 


ARTICLE   XX 

After  the  conclusion  of  peace,  the  repatriation  of  pris- 
oners of  war  shall  take  place  as  speedily  as  possible. 


Chapter  III.  —  On  the  Sick  and  Wounded 
ARTICLE  XXI 

The  obligations  of  belligerents  with  regard  to  the  sick 
and  wounded  are  governed  by  the  Geneva  Convention  of 
the  22d  August,  1864,  subject  to  any  modifications  which 
may  be  introduced  into  it. 


436  SECONDE   CONVENTION 

Section  II.  —  Des  Hostilites 

Chapitre  I.  — Des  moyens  de  nuire  a  VEnnemU  des  Sieges 
et  des  Bomhardements 

ARTICLE   XXII 

Les  belligerants  n'ont  pas  iin  droit  illimite  quant  au 
choix  des  moyens  de  nuire  a  I'ennemi. 

ARTICLE   XXIII 

Outre  les  prohibitions  etablies  par  des  Conventions 
speciales,  il  est  notamment  interdit: — 

(rt.)  D'eraployer  du  poison  ou  des  arraes  empoisonnees; 

(6.)  De  tuer  ou  de  blesser  par  trahison  des  individus 
appartenant  a  la  nation  ou  a  I'armee  ennemie  ; 

(e.)  De  tuer  ou  de  blesser  un  ennemi  qui,  ayant  mis  bas 
les  amies  ou  n'ayant  plus  les  moyens  de  se  defendre,  s'est 
rendu  a  discretion; 

(d. )  De  declarer  qu'il  ne  sera  pas  fait  de  quartier ; 

(g.)  D'employer  des  armes,  des  projectiles,  ou  des 
matieres  propres  a  causer  des  maux  superflus ; 

(/.)  D'user  indument  du  pavilion  parlementaire,  du 
pavilion  national,  ou  des  insignes  militaires  et  de  Tuniforme 
de  I'ennemi,  ainsi  que  des  signes  distinctifs  de  la  Conven- 
tion de  Geneve ; 

(^.)  De  detruire  ou  de  saisir  des  proprietes  ennemies, 
sauf  les  cas  ou  ces  destructions  ou  ces  saisies  seraient  im- 
perieusement  commandees  par  les  necessites  de  la  guerre. 

ARTICLE   XXIV 

Les  ruses  de  guerre  et  Femploi  des  moyens  necessaires 
pour  se  procurer  des  renseignements  sur  I'ennemi  et  sur  le 
terrain  sont  consideres  comme  licites. 


second  convention  437 

Section  II.  —  On  Hostilities. 

Chapter  I.  —  On  means  of  injuring  the  Enemy,  Sieges 
and  Bombardments 

ARTICLE   XXII 

The  right  of  belligerents  to  adopt  means  of  injuring 
the  enemy  is  not  unlimited. 

ARTICLE  XXIII 

Besides  the  prohibitions  provided  by  special  Conven- 
tions, it  is  especially  prohibited  :  — 

(a.)  To  employ  poison  or  poisoned  arms  ; 

(6.)  To  kill  or  wound  treacherously  individuals  be- 
longing to  the  hostile  nation  or  army  ; 

(<7.)  To  kill  or  wound  an  enemy  who,  having  laid 
down  arms,  or  having  no  longer  means  of  defence,  has 
surrendered  at  discretion  ; 

(c?.)  To  declare  that  no  quarter  will  be  given  ; 

(e.)  To  employ  arms,  projectiles,  or  material  of  a 
nature  to  cause  superfluous  injury  ; 

(/.)  To  make  improper  use  of  a  flag  of  truce,  the 
national  flag,  or  military  ensigns  and  the  enemy's  uniform, 
as  well  as  the  distinctive  badges  of  the  Geneva  Con- 
vention ; 

(^.)  To  destroy  or  seize  the  enemy's  property,  unless 
such  destruction  or  seizure  be  imperatively  demanded  by 
the  necessities  of  war. 

ARTICLE   XXIV 

Ruses  of  war  and  the  employment  of  methods  necessary 
to  obtain  information  about  the  enemy  aiid  the  country, 
are  considered  allowable. 


438  SECONDE    CON V I'.M'IUN 

ARTICLE  XXV 

II  est  intertlit  d'attaquer  ou  de  bombarder  des  villes, 
villages,  habitations,  ou  batiments  qui  ne  sont  pas  defendus. 

ARTICLE  XXVI 

Le  Commandant  des  troupes  assaillantes,  avant  d'entre, 
prendre  le  bombardement,  et  sauf  le  cas  d'attaque  de  vive 
force,  devra  faire  tout  ce  qui  depend  de  lui  pour  en  avertir 
les  autorites. 

ARTICLE   XXVII 

Dans  les  sieges  et  bombardements,  toutes  les  mesures 
necessaires  doivent  etre  prises  pour  epargner,  autant  que 
possible,  les  edifices  consacres  aux  cultes,  aux  arts,  aux 
sciences,  et  a  la  bienfaisance,  les  liopitaux  et  les  lieux  de 
rassemblement  de  malades  et  de  blesses,  a  condition  qu'ils 
ne  soient  pas  employes  en  meme  temps  a  un  but  militaire. 

Le  devoir  des  assieges  est  de  designer  ces  edifices  ou 
lieux  de  rassemblement  par  des  signes  visibles  speciaux 
qui  seront  notifies  d'avance  a  I'assiegeant. 

ARTICLE   XXVIII 

II  est  interdit  de  livrer  au  pillage  meme  une  ville  ou 
localite  prise  d'assaut. 

Chapitre  II. — Des  Espions 
ARTICLE  XXIX 

Ne  peut  etre  considere  comme  espion  que  I'individu 
qui,  agissant  clandestinement  ou  sous  de  faux  pretextes, 
recueille  ou  cherche  a  recueillir  des  informations  dans  la 
zone  d'operations  d'un  belligerant,  avec  I'intention  de  les 
communiquer  a  la  partie  adverse. 


SECOND   CONVENTION  439 


ARTICLE  XXV 

The  attack  or  bombardment  of  towns,  villages,  habita- 
tions, or  buildings  which  are  not  defended,  is  prohibited. 

ARTICLE   XXVI 

The  Commander  of  an  attacking  force,  before  com- 
mencing a  bombardment,  except  in  the  case  of  an  assault, 
should  do  all  he  can  to  warn  the  authorities. 

ARTICLE  XXVII 

In  sieges  and  bombardments  all  necessary  steps  should 
be  taken  to  spare  as  far  as  possible  edifices  devoted  to 
religion,  art,  science,  and  charity,  hospitals,  and  places 
where  the  sick  and  wounded  are  collected,  provided  they 
are  not  used  at  the  same  time  for  military  purposes. 

The  besieged  should  indicate  these  buildings  or  places  by 
some  particular  and  visible  signs,  which  should  previously 
be  notified  to  the  assailants. 


ARTICLE  XXVIII 

The  pillage  of  a  town  or  place,  even  when  taken  by 
assault,  is  prohibited. 

Chapter  II. — On  Spies 

ARTICLE  XXIX 

An  individual  can  only  be  considered  a  spy  if,  acting 
clandestinely,  or  on  false  pretences,  he  obtains,  or  seeks 
to  obtain  information  in  the  zone  of  0})erations  of  a  bellig- 
erent, with  the  intention  of  communicating  it  to  the  hostile 
party. 


440  SECONDE   CONVENTION 

Ainsi  les  militaires  non  deguises  qui  ont  penetre  dans 
la  zone  d'operations  de  Tarmee  ennemie,  a  I'effet  de 
recueillir  des  informations,  ne  sont  pas  consideres  comme 
espions.  De  meme,  ne  sont  pas  consideres  comme  espions: 
les  militaires  et  les  non-militaires,  accomplissant  ouverte- 
ment  leur  mission,  charges  de  transmettre  des  depeches 
destinees  soit  a  leur  propre  armee,  soit  a  I'armee  ennemie. 
A  cette  categorie  appartiennent  egalement  les  individus 
envoyes  en  ballon  pour  transmettre  les  depeches,  et  en 
general,  pour  entretenir  les  communications  entre  les 
diverses  parties  d'une  armee  ou  d'un  territoire. 

ARTICLE    XXX 

L'espion  pris  sur  le  fait  ne  pourra  etre  puni  sans  juge- 
ment  prealable. 

ARTICLE  XXI 

L'espion  qui,  ayant  rejoint  I'armee  a  laquelle  il  appar- 
tient,  est  capture  plus  tard  par  I'ennemi,  est  traite  comme 
prisonnier  de  guerre  et  n'encourt  aucune  responsabilite 
pour  ses  actes  d'espionnage  anterieurs. 

Chapitre  III, — Des  Parlementaires 

ARTICLE  XXXII 

Est  considere  comme  parlementaire  I'individu  autorise 
par  I'un  des  belligerants  a  entrer  en  pourparlers  avec 
I'autre  et  se  presentant  avec  le  drapeau  blanc.  II  a  droit 
a  I'inviolabilite  ainsi  que  le  trompette,  clairon,  ou  tambour, 
le  porte-drapeau  et  I'interprete  qui  I'accompagneraient. 


ARTICLE   XXXIII 

Le  Chef  auquel  un  parlementaire  est  expedie  n'est  pas 
oblige  de  le  recevoir  en  toutes  circonstances. 


SECOND    COXVENTION  441 

Thus,  soldiers  not  in  disguise  who  have  penetrated  into 
the  zone  of  operations  of  a  hostile  army  to  obtain  infor- 
mation are  not  considered  spies.  Similarly,  the  following 
are  not  considered  spies  :  soldiers  or  civilians,  carrying 
out  their  mission  openly,  charged  with  the  delivery  of 
despatches  destined  either  for  their  own  army  or  for  that 
of  the  enemy.  To  this  class  belong  likewise  individuals 
sent  in  balloons  to  deliver  despatches,  and  generally  to 
maintain  communication  between  the  various  parts  of  an 
army  or  a  territory. 


ARTICLE   XXX 

A  spy  taken  in  the  act  cannot  be  punished  without 
previous  trial. 

ARTICLE   XXXI 

A  spy  who,  after  rejoining  the  army  to  which  he 
belongs,  is  subsequently  captured  by  the  enemy,  is 
treated  as  a  prisoner  of  war,  and  incurs  no  responsi- 
bility for  his  previous  acts  of  espionage. 

Chapter  III. —  On  Flags  of  Truce 

ARTICLE   XXXII 

An  individual  is  considered  as  bearing  a  flag  of  truce 
who  is  authorized  by  one  of  the  belligerents  to  enter  into 
communication  with  the  other,  and  who  carries  a  white 
flag.  He  has  a  right  to  inviolability,  as  well  as  the 
trumpeter,  bugler,  or  drummer,  the  flag-bearer,  and  the 
interpreter  who  may  accompany  him. 

ARTICLE  XXXIII 

The  Chief  to  whom  a  flag  of  truce  is  sent  is  not  obliged 
to  receive  it  under  all  circumstances. 


442  SECONDE   CONVENTION 

II   pent   prendre    toutes    les    mesures    necessaires    afin 
■  d'empecher  le  parlementaire  de  profiter  de  sa  mission  pour 
SB  renseigner. 

II  a  le  droit,  en  cas  d'abiis,  de  retenir  temporairement 
le  parlementaire. 

ARTICLE   XXXIV 

Le  parlementaire  perd  ses  droits  d'inviolabilite,  s'il  est 
prouve,  d'une  maniere  positive  et  irrecusable,  qu'il  a 
profite  de  sa  position  privilegiee  pour  provoquer  ou  com- 
mettre  un  acte  de  traliison. 

Chapitre  IV. — Des  Capitulations 
ARTICLE   XXXV 

« 

Les  Capitulations  arretees  entre  les  Parties  Contract- 
antes  doivent  tenir  compte  des  regies  de  I'honneur  mili- 
taire. 

Une  fois  fixees,  elles  doivent  etre  scrupuleuseraent 
observees  par  les  deux  parties. 

Chapitke  V. — De  V Armistice 
ARTICLE   XXXVI 

L'Armistice  suspend  les  operations  de  guerre  par  un 
accord  mutuel  des  parties  belligerantes.  Si  la  duree  n'en 
est  pas  determinee,  les  parties  belligerantes  peuvent  re- 
prendre  en  tout  temps  les  operations,  pourvu  toutefois 
que  Tennemi  soit  averti  en  temps  convenu,  conformement 
aux  conditions  de  I'armistice. 

ARTICLE   XXXVII 

L'armistice  pent  etre  general  ou  local.  Le  premier 
suspend  partout  les  operations  de  guerre  des  Etats  belli- 


SECOND   coy  VENT  ION  44a 

He  can  take  all  steps  necessary  to  prevent  the 
envoy  taking  advantage  of  his  mission  to  obtain  informa- 
tion. 

In  case  of  abuse,  he  has  the  right  to  detain  the  envoy 
temporarily. 

AETICLE  XXXIV 

The  envoy  loses  his  rights  of  inviolability  if  it  is  proved 
beyond  doubt  that  he  has  taken  advantage  of  his  privileged 
position  to  provoke  or  commit  an  act  of  treachery. 


Chapter   IV. —  On    Capitulations 
ARTICLE  XXXV 

Capitulations  agreed  on  between  the  Contracting  Parties 
must  be  in  accordance  with  the  rules  of  military  honor. 

When  once  settled,  they  must  be  scrupulously  observed 
by  both  the  parties. 

Chapter  V. — On,  Armistices 
ARTICLE   XXXVI 

An  armistice  suspends  military  operations  by  mutual 
agreement  between  the  belligerent  parties.  If  its  duration 
is  not  fixed,  the  belligerent  parties  can  resume  operations 
at  any  time,  provided  always  the  enemy  is  warned  within 
the  time  agreed  upon,  in  accordance  with  the  terms  of  the 
armistice. 

ARTICLE    XXXVII 

An  armistice  may  be  general  or  local.  Tlie  first  sus- 
pends all  military  operations   of  the  belligerent  States ; 


444  SECONDE    CONVENTION 

gerants  ;  le  second,  seulement  entre  certaiiies  fractions  des 
armees  belligerantes  et  dans  un  rayon  determine. 

ARTICLE   XXXVIII 

L'armistice  doit  etre  notifie  officiellement  et  en  temps 
utile  aux  autorites  competentes  et  aux  troupes.  Les 
hostilites  sont  suspendues  immediatement  apres  la  notifi- 
cation ou  au  terme  fixe. 

ARTICLE   XXXIX 

II  depend  des  Parties  Contractantes  de  fixer,  dans  les 

clauses  de  Tarmistice,  les  rapports  qui  pourraient  avoir 

lieu,  sur  le  theatre  de  la  guerre,  avec  les  populations  et 

entre  elles. 

ARTICLE   XL 

Toute  violation  grave  de  I'armistice,  par  I'une  des 
parties,  donne  a  Tautre  le  droit  de  le  denoncer  et  meme,  en 
cas  d'urgence,  de  reprendre  immediatement  les  hostilites. 

ARTICLE   XLI 

La  violation  des  clauses  de  I'armistice  par  des  particu- 
liers  agissant  de  leur  propre  initiative,  donne  droit  seule- 
ment a  reclamer  la  punition  des  coupables  et,  s'il  y  a  lieu, 
une  indemnite  pour  les  pertes  eprouvees. 

SECTioisr  III.  —  De   l'Autor-ite    Militaire    sur   le 
Territoire  de  l'Etat  Ennemi 

ARTICLE   XLII 

Un  territoire  est  considere  comme  occupe  lorsqu'il  se 
trouve  place  de  fait  sous  I'autorite  de  I'armee  ennemie. 

L'occupation  ne  s'etend  qu'aux  territoires  ou  cette 
autorite  est  etablie  et  en  mesure  de  s'exercer. 


SECOND   CONVENTION  445 

the  second,  only  those  between  certain  fractions  of  the 
belligerent  armies  and  in  a  lixed  radius. 

AETICLE   XXXVIII 

An  armistice  must  be  notified  officially,  and  in  good 
time,  to  the  competent  authorities  and  the  troops.  Hos- 
tilities are  suspended  immediately  after  the  notification, 
or  at  a  fixed  date. 

ARTICLE  XXXIX 

It  is  for  the  Contracting  Parties  to  settle,  in  the  terms 
of  the  armistice,  what  communications  may  be  held,  on  the 
theatre  of  war,  with  the  population  and  with  each  other. 

ARTICLE  XL 

Any  serious  violation  of  the  armistice  by  one  of  the 
parties  gives  the  other  party  the  right  to  denounce  it,  and 
even,  in  case  of  urgency,  to  recommence  hostilities  at  once. 

ARTICLE   XLI 

A  violation  of  the  terms  of  the  armistice  by  private 
individuals  acting  on  their  own  initiative,  only  confers 
the  right  of  demanding  the  punishment  of  the  offenders, 
and,  if  necessary,  indemnity  for  the  losses  sustained. 

Section  III. — On  Military  Authority  over  Hostile 
Territory 

ARTICLE  XLII 

Territory  is  considered  occupied  when  it  is  actually 
placed  under  the  authority  of  the  hostile  army. 

The  occupation  applies  only  to  the  territory  where  such 
authority  is  established,  and  in  a  position  to  assert  itself. 


446  SECONDI':    CONVEXTION 

ARTICLE   XLIII 

L'autorite  du  pouvoir  legal  ayant  passe  de  fait  entre 
les  mains  de  I'occupant,  celui-ci  preiidra  toutes  les  mesures 
qui  'dependent  de  lui  en  vue  de  retablir  et  d'assurer, 
autant  qu'il  est  possible,  Fordre  et  la  vie  publics  en 
respectant,  sauf  empeclienient  absolu,  les  lois  en  vigueur 
dans  le  pays. 

ARTICLE   XLIV 

II  est  interdit  de  forcer  la  population  d'un  territoire 
occupe  a  prendre  part  aux  operations  militaires  contre  son 
propre  pays. 

ARTICLE   XLV 

II  est  interdit  de  contraindre  la  population  d'un  terri- 
toire occupe  a  preter  serment  a  la  Puissance  ennemie. 

ARTICLE  XLVI 

L'honneur  et  les  droits  de  la  famille,  la  vie  des  individus 
et  la  propriete  privee,  ainsi  que  les  convictions  religieuses 
et  I'exercice  des  cultes,  doivent  etre  respectes. 

La  propriete  privee  ne  pent  pas  etre  confisquee. 

ARTICLE   XLVII 

Le  pillage  est  formellement  interdit. 

ARTICLE   XLVIII 

Si  I'occupant  preleve,  dans  le  territoire  occupe,  les 
impots,  droits  et  peages  etablis  au  profit  de  TEtat,  il  le 
fera,  autant  que  possible,  d'apres  les  regies  de  I'assiette  et 
de  la  repartition  en  vigueur,  et  il  en  resultera  pour  lui 
I'obligation  de  pourvoir  aux  frais  de  I'administration  du 
territoire  occupe  dans  la  mesure  ou  le  Gouvernement  legal 
y  etait  tenu. 


SECOND   CONVENTION  447 

ARTICLE   XLTII 

The  authority  of  the  legitimate  poAver  having  actually- 
passed  into  the  hands  of  the  occui)ant,  the  latter  shall  take 
all  steps  in  his  power  to  reestablish  and  insure,  as  far  as 
possible,  public  order  and  safety,  while  respecting,  unless 
absolutely  prevented,  the  laws  in  force  in  the  country. 

ARTICLE   XLIV 

Any  compulsion  of  the  population  of  occupied  territory 
to  take  part  in  military  operations  against  its  own  country 
is  prohibited. 

ARTICLE  XLV 

Any  pressure  on  the  population  of  occupied  territory  to 
take  the  oath  of  allegiance  to  the  hostile  Power  is  pro- 
hibited. 

ARTICLE   XL VI 

Family  honor  and  rights,  individual  lives  and  private 
property,  as  well  as  religious  convictions  and  liberty,  must 
be  respected. 

Private  property  cannot  be  confiscated. 

ARTICLE  XLVII 
Pillage  is  absolutely  prohibited. 

ARTICLE  XL VIII 

If,  in  the  territory  occupied,  the  occupant  collects  the 
taxes,  dues,  and  tolls  imposed  for  the  benefit  of  the  State, 
he  shall  do  it,  as  far  as  possible,  in  accordance  with  the 
rides  in  existence  and  the  assessment  in  force,  and  will  in 
consequence  be  bound  to  defray  the  expenses  of  the  admin- 
istration of  the  occupied  territory  on  the  same  scale  as  that 
by  which  the  legitimate  Government  was  bound. 


448  SECONDE   CONVENTION 

ARTICLE   XLIX 

Si,  en  dehors  des  impots  vises  a  rArticle  precedent, 
Foccupant  preleve  d'aiitres  contributions  en  argent  dans 
le  territoire  occupe,  ce  ne  pourra  etre  que  pour  les  besoins 
de  Tarmee  ou  de  I'administration  de  ce  territoire. 

ARTICLE  L 

Aucune  peine  collective,  pecuniaire  ou  autre,  ne  pourra 
etre  edictee  contre  les  populations  a  raison  de  faits  indi- 
viduels  dont  elles  ne  pourraient  etre  considerees  comme 
solidairement  responsables. 

ARTICLE  LI 

Aucune  contribution  ne  sera  pergue  qu'en  vertu  d'un 
ordre  ecrit  et  sous  la  responsabilite  d'un  General-en-chef. 

II  ne  sera  procede,  autant  que  possible,  a  cette  percep- 
tion que  d'apres  les  regies  de  I'assiette  et  de  la  repartition 
des  impots  en  vigueur. 

Pour  toute  contribution  un  regu  sera  delivre  aux  contri- 

buables. 

ARTICLE  LII 

Des  requisitions  en  nature  et  des  services  ne  pourront 
etre  reclames  des  communes  ou  des  habitants,  que  pour  les 
besoins  de  Tarmee  d'occupation.  lis  seront  en  rapport 
avec  les  ressources  du  pays  et  de  telle  nature  qu'ils 
n'impliquent  pas  pour  les  populations  Tobligation  de 
prendre  part  aux  operations  de  la  guerre  contre  leur  patrie. 

Ces  requisitions  et  ces  services  ne  seront  reclames 
qu'avec  I'autorisation  du  Commandant  dans  la  localite 
occupee. 

Les  prestations  en  nature  seront,  autant  que  possible, 
payees  au  comptant ;  sinon  elles  seront  constatees  par  des 
regus. 


SECOND   CONVENTION  449 

ARTICLE   XLIX 

If,  besides  the  taxes  mentioned  in  the  preceding  Article, 
the  occupant  levies  other  money  taxes  in  the  occupied 
territory,  this  can  only  be  for  military  necessities  or  the 
administration  of  such  territory. 

ARTICLE  L 

No  general  penalty,  pecuniary  or  otherwise,  can  be 
inflicted  on  the  population  on  account  of  the  acts  of 
individuals  for  which  it  cannot  be  regarded  as  collec- 
tively responsible. 

ARTICLE  LI 

No  tax  shall  be  collected  except  under  a  written  order 
and  on  the  responsibility  of  a  Commander-in-chief. 

This  collection  shall  only  take  place,  as  far  as  possible, 
in  accordance  with  the  rules  in  existence  and  the  assess- 
ment of  taxes  in  force. 

For  every  payment  a  receipt  shall  be  given  to  the  tax- 
payer. 

ARTICLE  LII 

Neither  requisitions  in  kind  nor  services  can  be  de- 
manded from  communes  or  inhabitants  except  for  the 
necessities  of  the  army  of  occupation.  They  must  be  in 
proportion  to  the  resources  of  the  country,  and  of  such  a 
nature  as  not  to  involve  the  population  in  the  obligation 
of  taking  part  in  military  operations  against  their  country. 

These  requisitions  and  services  shall  only  be  demanded 
on  the  authority  of  the  Commander  in  the  locality  occu- 
pied. 

The  contributions  in  kind  shall,  as  far  as  possible,  be 
paid  for  in  ready  money ;  if  not,  their  receipt  shall  be 
acknowledged. 

2g 


450  SECONDS   CONVENTION 

ARTICLE   LIII 

T/armee  qui  occupe  uu  territoire  ne  pourra  saisir  que  le 
numeraire,  les  fonds  et  les  valeurs  exigibles  appartenant 
en  propre  a  TEtat,  les  depots  d'armes,  moyens  de  trans- 
port, niagasins  et  approvisionnements  et,  en  general,  toute 
propriete  mobiliere  de  TEtat  de  nature  a  servir  aux  opera- 
tions de  la  guerre. 

Le  materiel  des  chemins  de  fer,  les  telegraphes  de  terre, 
les  telephones,  les  bateaux  a  vapeur  et  autres  navires,  en 
dehors  des  cas  regis  par  la  loi  maritime,  de  meme  que  les 
depots  d'armes  et  en  general  toute  espece  de  munitions  de 
guerre,  meme  appartenant  a  des  Societes  ou  a  des  per- 
sonnes  privees,  sont  egalement  des  moyens  de  nature  a 
servir  aux  operations  de  la  guerre,  mais  devront  etre 
restitues,  et  les  indemnites  seront  reglees  a  la  j^aix. 

ARTICLE   LIV 

Le  materiel  des  chemins  de  fer  provenant  d'Etats 
neutres,  qu'il  appartienne  a  ces  Etats  ou  a  des  Societes  ou 
personnes  privees,  leur  sera  renvoye  aussitot  que  possible. 

ARTICLE  LV 

L'Etat  occupant  ne  se  considerera  que  comme  adminis- 
trateur  et  usufruitier  des  edifices  publics,  immeubles, 
forets  et  exploitations  agricoles  appartenant  a  TEtat  en- 
nemi  et  se  trouvant  dans  le  pays  occupe.  II  devra  sauve- 
garder  le  fonds  de  ces  proprietes  et  les  administrer 
conformement  aux  regies  de  I'usufruit. 

ARTICLE   LVI 

Les  biens  des  communes,  ceux  des  etablissements  con- 
sacres  aux  cultes,  a  la  charite  et  a  Tinstruction,  aux  arts 


SECOND   CONVENTION  451 

ARTICLE  LIII 

An  army  of  occupation  can  only  take  possession  of  the 
cash,  funds,  and  property  liable  to  requisition  l^elonging 
strictly  to  the  State,  depots  of  arms,  means  of  transport, 
stores  and  supplies,  and,  generally,  all  movable  property 
of  the  State  which  may  be  used  for  military  operations. 

Railway  plant,  land  telegraphs,  telephones,  steamers, 
and  other  sliips,  ai)art  from  cases  governed  by  maritime 
law,  as  well  as  depots  of  arms  and,  generally,  all  kinds  of 
war  material,  even  though  belonging  to  Companies  or  to 
private  persons,  are  likewise  material  which  may  serve  for 
military  operations,  but  they  must  be  restored  at  the  con- 
clusion of  peace,  and  indemnities  paid  for  them. 


ARTICLE  LIV 

The  plant  of  railways  coming  from  neutral  States, 
whether  the  property  of  those  States,  or  of  companies, 
or  of  private  persons,  shall  be  sent  back  to  them  as  soon 
possible. 

ARTICLE  LV 

The  occupying  State  shall  only  be  regarded  as  admin- 
istrator and  usufructuary  of  the  public  buildings,  real 
property,  forests,  and  agricultural  works  belonging  to 
the  hostile  State,  and  situated  in  the  occupied  country. 
It  must  protect  the  capital  of  these  properties,  and  ad- 
minister it  according  to  the  rules  of  trusteeship. 

ARTICLE  LVI 

The  property  of  the  municipalities,  that  of  religious, 
charitable,  and  educational  institutions,  and  those  of  arts 


452  SECOXDE    COXVEXTION 

et  aux  sciences,  meme  appartenaiit  a  FEtat,  seront  traites 
comme  la  propriete  privee. 

Toute  saisie,  destruction  ou  degradation  intentionnelle 
de  semblables  etablissements,  de  monuments  liistoriques, 
d'oeuvres  d'art  et  de  science,  est  interdit  et  doit  etre 
poursuivie. 

Section  IV.  —  Des  Belligerants  Internes  et  des 
Blesses  Soignes  chez  les  Neutkes 

ARTICLE   LVII 

L'Etat  neutre  qui  regoit  sur  son  territoire  des  troupes 
appartenant  aux  armees  belligerantes,  les  internera,  autant 
que  possible,  loin  du  theatre  de  la  guerre. 

II  pourra  les  garder  dans  des  camps,  et  meme  les  enfer- 
mer  dans  des  forteresses  ou  dans  des  lieux  appropries  a 
cet  eifet. 

II  decidera  si  les  officiers  peuvent  etre  laisses  libres  en 
prenant  I'engagement  sur  parole  de  ne  pas  quitter  le  terri- 
toire neutre  sans  autorisation. 

AETICLE   LYIII 

A  defaut  de  Convention  speciale,  I'Etat  neutre  fournira 
aux  internes  les  vivres,  les  liabillements,  et  les  secours 
commandes  par  Thumanite. 

Bonification  sera  faite,  a  la  paix,  des  frais  occasionnes 
par  rinternement. 

ARTICLE    LIX 

L'Etat  neutre  pourra  autoriser  le  passage  sur  son  terri- 
toire des  blesses  ou  malades  appartenant  aux  armees 
belligerantes,  sous  la  reserve  que  les  trains  qui  les 
ameneront  ne  transporteront  ni  personnel  ni  materiel  de 
guerre.     En  pareil  cas,  I'Etat  neutre  est  tenu  de  prendre 


SECOND    CONVENTION  453 

and  science,  even  when  State  property,  shall  be  treated  as 
private  property. 

All  seizure,  destruction,  or  intentional  damage  done  to 
such  institutions,  to  historical  monuments,  works  of  art  or 
science,  is  prohibited,  and  should  be  made  the  subject  of 
civil  and  criminal  proceedings. 

Section  IV.  —  On  the  Detention  op  Belligerents 
AND  the  Care  of  the  Wounded  in  Neutral 
Countries 

ARTICLE   LVII 

A  neutral  State  which  receives  in  its  territory  troops 
belonging  to  the  belligerent  armies  shall  detain  them,  if 
possible,  at  some  distance  from  the  theatre  of  war. 

It  can  keep  them  in  camps,  and  even  confine  them  in 
fortresses  or  localities  assigned  for  this  purpose. 

It  shall  decide  whether  officers  may  be  left  at  liberty 
on  giving  their  parole  that  they  will  not  leave  the  neutral 
territory  without  authorization. 

ARTICLE   LVIII 

Failing  a  special  Convention,  the  neutral  State  shall 
supply  the  detained  with  the  food,  clothing,  and  relief 
required  by  humanity. 

At  the  conclusion  of  peace,  the  expenses  caused  by  the 
detention  shall  be  repaid. 

ARTICLE   LIX 

A  neutral  State  may  authorize  the  passage  through  its 
territor}^  of  wounded  or  sick  belonging  to  the  belligerent 
armies,  on  condition  that  the  trains  bringing  them  shall 
carry  neither  combatants  nor  war  material.  In  such  a 
case,  the  neutral  State  is  bound  to  adopt  such  measures 


454  DECLAllATIOX 

les   mesures  de  surete   et  de  controle  necessaires   a  cet 
effet. 

Les  blessds  ou  malades  amenes  dans  ces  conditions  sur 
le  territoire  neutre  par  un  des  belligerants,  et  qui  appar- 
tiendraient  a  la  partie  adverse,  devront  etre  gardes  par 
I'Etat  neutre,  de  maniere  qu'ils  ne  puissent  de  nouveau 
prendre  part  aux  operations  de  la  guerre.  Celui-ci  aura 
les  memes  devoirs  quant  aux  blesses  ou  malades  de  I'autre 
armee  qui  lui  seraient  confies. 

AETICLE   LX 

La  Convention  de  Geneve  s'applique  aux  malades  et  aux 
blesses  internes  sur  territoire  neutre. 


DlfiCLAEATION 


Les  Soussignes,  Plenipotentiaires  des  Puissances  repre- 
sentees a  la  Conference  Internationale  de  la  Paix  a  La 
Haye,  dument  autorises  a  cet  effet  par  leurs  Gouverne- 
ments,  s'inspirant  des  sentiments  qui  ont  trouve  leur 
expression  dans  la  Declaration  de  Saint-Petersbourg  du 
29  Novembre  (11  Decembre),  1868, 

Declarent :  — 

Les  Puissances  Contractantes  consentent,  pour  une 
duree  de  cinq  ans,  a  Finterdiction  de  lancer  des  projectiles 
et  des  explosifs  du  haut  de  ballons  ou  par  d'autres  modes 
analogues  nouveaux. 

La  presente  Declaration  n'est  obligatoire  que  pour  les 
Puissances  Contractantes,  en  cas  de  guerre  entre  deux 
ou  plusieurs  d'entre  elles. 

Elle  cessera  d'etre  obligatoire  du  moment  ou  dans  une 
guerre  entre  des  Puissances  Contractantes,  une  Puissance 
non-Contractante  se  joindrait  a  I'un  des  belligerants. 


DECLARATION  455 

of  safety  and  control  as  may  be  necessary  for  the  pur- 
pose. 

Wounded  and  sick  brought  under  these  conditions  into 
neutral  territory  by  one  of  the  belligerents,  and  belonging 
to  the  hostile  party,  must  be  guarded  by  the  neutral 
State,  so  as  to  insure  their  not  taking  part  again  in  the 
military  operations.  The  same  duty  shall  devolve  on 
the  neutral  State  with  regard  to  wounded  or  sick  of  the 
other  army  who  may  be  committed  to  its. care. 

AKTICLE   LX 

The  Geneva  Convention  applies  to  sick  and  wounded 
detained  in  neutral  territory. 

Inclosure  5  in  No.  88 


DECLAEATION 

The  Undersigned,  Plenipotentiaries  of  the  Powers 
represented  at  the  International  Peace  Conference  at  The 
Hague,  duly  authorized  to  that  effect  by  their  Govern- 
ments, inspired  by  the  sentiments  which  found  expression 
in  the  Declaration  of  St.  Petersburg  of  the  29th  Novem- 
ber (11th  December),  1868, 

Declare  as  follows  :  — 

The  Contracting  Powers  agree  to  prohibit,  for  a  term 
of  five  years,  the  launching  of  projectiles  and  explosives 
from  balloons,  or  by  other  new  methods  of  a  similar 
nature. 

The  present  Declaration  is  only  binding  on  the  Con- 
tracting Powers  in  case  of  war  between  two  or  more  of 
them. 

It  shall  cease  to  be  binding  from  the  time  when,  in  a 
war  between  the  Contracting  Powers,  one  of  the  bellig- 
erents is  joined  by  a  non-Contracting  Power. 


456  DICrLAUATlON 

La  presente  Declaration  sera  ratifiee  dans  le  plus  bref 
delai  possible. 

Les  ratifications  seront  deposees  a  La  Haye. 

II  sera  dresse  du  depot  de  cliaque  ratification  mi  proces- 
verbal,  dont  une  coj^ie,  certifiee  conforme,  sera  remise  par 
la  voie  diplomatique  a  toutes  les  Puissances  Contractantes. 

Les  Puissances  non-Signataires  pourront  adherer  a  la 
presente  Declaration.  Elles  auront,  a  cet  eifet,  a  faire 
connaitre  leur  adhesion  aux  Puissances  Contractantes,  au 
moyen  d'une  notification  ecrite,  adressee  au  Gouverne- 
ment  des  Pays-Bas  et  communiquee  par  celui-ci  a  toutes 
les  autres  Puissances  Contractantes. 

S'il  arrivait  qu'une  des  Hautes  Parties  Contractantes 
denongat  la  presente  Declaration,  cette  denonciation  ne 
produirait  ses  effets  qu'un  an  apres  la  notification  faite 
par  ecrit  au  Gouvernement  des  Pays-Bas  et  communiquee 
immediatement  par  celui-ci  a  toutes  les  autres  Puissances 
Contractantes. 

Cette  denonciation  ne  produira  ses  effets  qu'a  I'egard 
de  la  Puissance  qui  I'aura  notifiee. 

En  foi  de  quoi,  les  Plenipotentiaires  out  signe  la  pre- 
sente Declaration  et  Font  revetue  de  leurs  cachets. 

Fait  a  La  Haye,  le  29  Juillet,  1899,  en  un  seul  exem- 
plaire,  qui  restera  depose  dans  les  archives  du  Gouverne- 
ment des  Pays-Bas  et  dont  des  copies,  certifiees  conf  ormes, 
seront  remises  par  la  voie  diplomatique  aux  Puissances 
Contractantes. 

(Signatures.) 

DECLARATION 

Les  Soussignes,  Plenipotentiaires  des  Puissances  repre- 
sentees a  la  Conference  Internationale  de  la  Paix  a  La 
Haye,  dument  autorises  a  cet  effet  par  leurs  Gouverne- 
ments,    s'inspirant    des    sentiments   qui    ont    trouve   leur 


DECLARATION  457 

The  present  Declaration  shall  be  ratified  as  soon  as 
possible. 

The  ratifications  shall  be  deposited  at  The  Hague. 

A  proces-verbal  shall  be  drawn  n}»  on  the  receipt  of 
each  ratification,  of  which  a  copy,  duly  certified,  shall  be 
sent  through  the  diplomatic  channel  to  all  the  Contracting 
Powers. 

The  non-Signatory  Powers  may  adhere  to  the  present 
Declaration.  For  this  purpose  they  must  make  their 
adhesion  known  to  the  Contracting  Powers  by  means  of 
a  written  notification  addressed  to  the  Netherland  Gov- 
ernment, and  communicated  by  it  to  all  the  other  Con- 
tracting Powers. 

In  the  event  of  one  of  the  High  Contracting  Parties 
denouncing  the  present  Declaration,  such  denunciation 
shall  not  take  effect  until  a  year  after  the  notification 
made  in  writing  to  the  Netherland  Government,  and  by 
it  forthwith  communicated  to  all  the  other  Contracting 
Powers. 

This  denunciation  shall  only  affect  the  notifying  Power. 

In  faith  of  which  the  Plenipotentiaries  have  signed  the 
present  Declaration,  and  affixed  their  seals  thereto. 

Done  at  The  Hague  the  29th  July,  1899,  in  a  single 
copy,  which  shall  be  kept  in  the  archives  of  the  Nether- 
land Government,  and  of  which  copies,  duly  certified, 
shall  be  sent  through  the  diplomatic  channel  to  tlie  Con- 
tracting Powers. 

(Signatures.) 

DECLARATION 

The  Undersigned,  Plenipotentiaries  of  the  Powers  rep- 
resented at  the  International  Peace  Conference  at  The 
Hague,  duly  authorized  to  that  effect  by  their  Govern- 
ments, inspired  by  the  sentiments  which  found  expression 


458  DECLARATION 

expression  dans  la  Declaration  de  Saint-Petersbourg  du 
29  Novembre  (11  Decembre),  18G8, 

Declarent  :  — 

Les  Puissances  Contractantes  s'interdisent  I'emploi  de 
balles  qui  s'epanouissent  ou  s'aplatissent  facilement  dans 
le  corps  humain,  telles  que  les  balles  a  enveloppe  dure 
(lent  I'enveloppe  ne  couvrirait  pas  entierement  le  noyau 
ou  serait  pourvue  d'incisions. 

La  presente  Declaration  n'est  obligatoire  que  pour  les 
Puissances  Contractantes,  en  cas  de  guerre  entre  deux  ou 
plusieurs  d'entre  elles. 

Elle  cessera  d'etre  obligatoire  du  moment  ou  dans  une 
guerre  entre  des  Puissances  Contractantes,  une  Puissance 
non-Contractante  se  joindrait  a  I'un  des  belligerants. 

La  presente  Declaration  sera  ratifiee  dans  le  plus  bref 
delai  possible. 

Les  ratifications  seront  deposees  a  La  Haye. 

II  sera  dresse  du  depot  de  cliaque  ratification  un  proces- 
verbal,  dont  une  copie,  certifiee  conforme,  sera  remise  par 
la  voie  diplomatique  a  toutes  les  Puissances  Contractantes. 

Les  Puissances  non-Signataires  pourront  adherer  a  la 
presente  Declaration.  Elles  auront,  a  cet  effet,  a  faire 
connaitre  leur  adhesion  aux  Puissances  Contractantes,  au 
moyen  d'une  notification  ecrite,  adressee  au  Gouvernement 
des  Pays-Bas  et  communiquee  par  celui-ci  a  toutes  les 
autres  Puissances  Contractantes. 

S'il  arrivait  qu'une  des  Hautes  Parties  Contractantes 
denongat  la  presente  Declaration,  cette  denonciation  ne 
produirait  ses  effets  qu'un  an  apres  la  notification  faite  par 
ecrit  au  Gouvernement  des  Pays-Bas  et  communiquee 
iramediatement  par  celui-ci  a  toutes  les  autres  Puissances 
Contractantes. 

Cette  denonciation  ne  produira  ses  effets  qu'a  I'egard  de 
la  Puissance  qui  Taura  notifi^e. 


DECLARATION  45d 

in  the  Declaration  of  St.  Petersburg  of  the  29th  November 
(11th  December),  18G8, 

Declare  as  follows:  — 

The  Contracting  Parties  agree  to  abstain  from  the  use 
of  bullets  which  expand  or  flatten  easily  in  the  human 
body,  such  as  bullets  with  a  hard  envelope  which  does  not 
entirely  cover  the  core,  or  is  pierced  with  incisions. 

The  present  Declaration  is  only  binding  for  the  Con- 
tracting Powers  in  the  case  of  a  war  between  two  or  more 
of  them. 

It  shall  cease  to  be  binding  from  the  time  when,  in  a 
war  between  the  Contracting  Powers,  one  of  the  bellig- 
erents is  joined  by  a  non-Contracting  Power. 

The  i)resent  Declaration  shall  be  ratified  as  soon  as 
possible. 

The  ratification  shall  be  deposited  at  The  Hague. 

A  proces-verbal  shall  be  drawn  up  on  the  receipt  of  each 
ratification,  a  copy  of  which,  duly  certified,  shall  be  sent 
through  the  diplomatic  channel  to  all  the  Contracting 
Powers. 

The  non-Signatory  Powers  may  adhere  to  the  present 
Declaration.  For  this  purpose  they  must  make  their 
adhesion  known  to  the  Contracting  Powers  by  means  of  a 
written  notification  addressed  to  the  Netherland  (xovern- 
ment,  and  by  it  communicated  to  all  the  other  Contracting 
Powers. 

In  the  event  of  one  of  the  High  Contracting  Parties 
denouncing  the  present  Declaration,  such  denunciation 
shall  not  take  effect  until  a  year  after  the  notification 
made  in  writing  to  the  Netherland  Government,  and 
forthwith  communicated  by  it  to  all  the  other  Contracting 
Powers. 

This  denunciation  shall  only  affect  the  notifying  Power. 


460  DE  CL  A  R  A  TION 

En  foi  do  quoi,  les  Plenipotentiaires  ont  signe  la  presente 
Declaration  et  Font  revetue  de  leurs  cachets. 

Fait  a  La  Ilaye,  le  29  Jiiillet,  1899,  en  un  seul  exemplaire, 
qui  restera  depose  dans  les  archives  du  Goiivernement  des 
Pays-Bas  et  dont  des  copies,  certifiees  conformes,  seront 
remises  par  la  voic  diplomatique  aux  Puissances  Con- 
tractantes. 

(Signatures.) 

DECLAKATION" 

Les  Soussignes,  Plenipotentiaires  des  Puissances  rep- 
resentees a  la  Conference  Internationale  de  la  Paix  a  La 
Haye,  dument  autorises  a  cet  effet  par  leurs  Gouverne- 
ments,  s'inspirant  des  sentiments  qui  ont  trouve  leur 
expression  dans  la  Declaration  de  8aint-Petersbourg  du 
29  Novembre  (11  Decembre),  18G8, 

Declarent  :  — 

Les  Puissances  Contractantes  s'interdisent  I'emploi  de 
projectiles  qui  ont  pour  but  unique  de  repandre  des  gaz 
asphyxiants  ou  deleteres. 

La  presente  Declaration  n'est  obligatoire  que  pour  les 
Puissances  Contractantes,  en  cas  de  guerre  entre  deux  ou 
plusieurs  d'entre  elles. 

Elle  cessera  d'etre  obligatoire  du  moment  ou  dans  une 
guerre  entre  des  Puissances  Contractantes,  une  Puissance 
non-Contractante  se  joindrait  a  I'uu  des  belligerants. 

La  presente  Declaration  sera  ratifiee  dans  le  plus  bref 
delai  possible. 

Les  ratifications  seront  deposees  a  La  Haye. 

II  sera  dresse  du  depot  de  chaque  ratification  un  proces- 
verbal,  dont  une  copie,  certifiee  conforme,  sera  remise 
par  la  voie  diplomatique  a  toutes  les  Puissances  Con- 
tractantes. 

Les  Puissances  non-Signataires  pourront  adherer  a  la 
presente  Declaration.     Elles  auront,   a  cet  effet,  a  faire 


DECLARATION  461 

In  faith  of  which  the  Pk'iii})otentiaries  have  signed  the 
present  Declaration,  and  have  athxed  their  seals  thereto. 

Done  at  The  Hague  the  29th  Jnly,  1899,  in  a  single  copy, 

which  shall  be  kept  in  the  archives  of  the  Netherland 

Government,  and  of  which  copies,  duly  certified,  shall  be 

sent  through  the  diplomatic  channel  to  the  Contracting 

Powers. 

(Signatures.) 

DECLARATION 

The  Undersigned,  Plenipotentiaries  of  the  Powers 
represented  at  the  International  Peace  Conference  at  The 
Hague,  duly  authorized  to  that  effect  by  their  Govern- 
ments, inspired  by  the  sentiments  which  found  expression 
in  the  Declaration  of  St.  Petersburg  of  the  29th  Novem- 
ber (11th  December),  1868, 

Declare  as  follows  :  — 

The  Contracting  Powers  agree  to  abstain  from  the  use 
of  projectiles  the  object  of  which  is  the  diffusion  of 
asphyxiating  or  deleterious  gases. 

The  present  Declaration  is  only  binding  on  the  Con- 
tracting Powers  in  the  case  of  a  war  between  two  or 
more  of  them. 

It  shall  cease  to  be  binding  from  the  time  when,  in  a 
war  between  the  Contracting  Powers,  one  of  the  belliger- 
ents shall  be  joined  by  a  non-Contracting  Power. 

The  present  Declaration  shall  be  ratified  as  soon  as 
possible. 

The  ratifications  shall  be  deposited  at  The  Hague. 

A  proces-verhal  shall  be  drawn  up  on  the  receipt  of 
each  ratification,  a  copy  of  which,  duly  certified,  shall  be 
sent  through  the  diplomatic  channel  to  all  the  Contracting 
Powers. 

The  non-Signatory  Powers  can  adhere  to  the  present 
Declaration.       For  this  purpose    they  must  make  their 


462  TROISIEME    CONVENTION' 

connaitre  leur  adhesion  aiix  Puissances  Contractantes,  au 
moyen  cVune  notification  ecrite,  adressee  au  Gouvernement 
des  Pays-Bas  et  communiquee  par  celui-ci  a  toutes  les 
autres  Puissances  Contractantes. 

S'il  arrivait  qu'une  des  Hautes  Parties  Contractantes 
denongat  la  presente  Declaration,  cette  denonciation  ne 
produirait  ses  effets  qu'un  an  apres  la  notification  faite  par 
ecrit  au  Gouvernement  des  Pays-Bas  et  communiquee 
immediatement  par  celui-ci  a  toutes  les  autres  Puissances 
Contractantes. 

Cette  denonciation  ne  produira  ses  effets  qu'a  I'egard  de 
la  Puissance  qui  I'aura  notifiee. 

En  foi  de  quoi,  les  Plenipotentiaires  ont  signe  la  presente 
Declaration  et  Font  revetue  de  leurs  cachets. 

Fait  a  La  Haye,  le  29  Juillet,  1899,  en  un  seul  exemplaire, 
qui  restera  depose  dans  les  archives  du  Gouvernement  des 
Pays-Bas  et  dont  des  copies,  certifiees  conformes,  seront 
remises  par  la  voie  diplomatique  aux  Puissances  Con- 
tractantes. 

(Signatures.) 


CONVENTION  POUR  L'ADAPTATION  A  LA 
GUERRE  ]\L\RITIME  DES  PRINCIPES  DE  LA 
CONVENTION  DE  GENEVE  DU  22  AOtJT,  1864 


(Pour  I'entete  voir  la  •Convention  pour  le  reglement  pacifique  des  conflits 
internationaux) 

Egalement  animes  du  desir  de  diminuer  autant  qu'il 
depend  d'eux  les  maux  inseparables  de  la  guerre  et  voulant 
dans  ce  but  adapter  a  la  guerre  maritime  les  principes  de 
la  Convention  de  Geneve  du  22  Aout,  1864,  ont  resolu 
de  conclure  une  Convention  a  cet  effet. 


THIRD    CONVENTION  4G3 

adhesion  known  to  the  Contracting  Powers  by  means  of 
a  written  notification  addressed  to  tlie  Netherland  Gov- 
ernment, and  by  it  communicated  to  all  the  other  Con- 
tracting Powers. 

In  the  event  of  one  of  the  High  Contracting  Parties 
denouncing  the  present  Declaration,  such  denunciation 
shall  not  take  effect  until  a  year  after  the  notification 
made  in  writing  to  the  Government  of  the  Netherlands, 
and  forthwith  communicated  by  it  to  all  the  other  Con- 
tracting Powers. 

This  denunciation  shall  only  affect  the  notifying  Power. 

In  faith  of  which  tlie  Plenipotentiaries  have  signed  the 
present  Declaration,  and  affixed  their  seals  thereto. 

Done  at  The  Hague,  the  29tli  July,  1899,  in  a  single 
copy,  which  shall  be  kept  in  the  archives  of  the  Nether- 
land Government,  and  copies  of  which,  duly  certified, 
shall  be  sent  by  the  diplomatic  channel  to  the  Contracting 
Powers. 

(Signatures.) 


CONVENTION  FOR  THE  ADAPTATION  TO 
MARITIME  WARFARE  OF  THE  PRINCIPLES 
OF  THE  GENEVA  CONVENTION  OF  AUGUST 
22,  186-1 

(For  the  beading  see  the  Conventiou  for  the  pacific  solution  of 
International  Differences) 

Alike  animated  by  the  desire  to  diminish,  as  far  as 
depends  on  them,  the  evils  inseparable  from  warfare,  and 
wishing  with  this  object  to  adapt  to  maritime  warfare  the 
principles  of  the  Geneva  Convention  of  the  22d  August, 
18G4,  have  decided  to  conclude  a  Convention  to  this  effect. 


464  TROISIEME    CON  V EXTION 

lis  ont  en  consequence  nonmie  pour  leurs  Plenipoten- 
tiaires,  savoir  :  — 

(Noms.) 

Lesquels,  apres  s'etre  comnuinique  leurs  pleins  pouvoirs, 
trouves  en  bonne  et  due  forme,  sont  convenus  des  dispo- 
sitions suivantes : — 

AKTICLE    I 

Les  batiments-liopitaux  niilitaires,  c'est-a-dire,  les  bati- 
ments  construits  ou  anienages  par  les  Etats  specialement 
et  uniquement  en  vue  de  porter  secours  aux  blesses, 
malades,  et  nauf rages,  et  dont  les  noms  auront  ete  com- 
muniques, a  Touverture  ou  au  cours  des  hostilites,  en  tout 
cas  avant  toute  mise  en  usage,  aux  Puissances  belligerantes, 
sont  resj)ectes  et  ne  peuvent  etre  captures  pendant  la 
duree  des  hostilites. 

Ces  batiments  ne  sont  pas  non  plus  assimiles  aux  navires 

de  guerre  au  point  de  vue  de  leur  sejour  dans  un  port 

neutre. 

ARTICLE   II 

Les  batiments-liospitaliers.  equipes  en  totalite  ou  en 
partie  aux  frais  des  })articuliers  ou  des  Societes  de  Secours 
officiellement  reconnues,  sont  egalement  respectes  et  ex- 
empts de  capture  si  la  Puissance  belligerante  dont  ils 
dependent  leur  a  donne  une  commission  officielle  et  en  a 
notifie  les  noms  a  la  Puissance  adverse  a  I'ouverture  ou 
au  cours  des  hostilites,  en  tout  cas  avant  toute  mise  en 
usage. 

Ces  navires  doivent  etre  porteurs  d'un  document  de 
I'autorite  competente  declarant  qu'ils  ont  ete  soumis  a  son 
controle  pendant  leur  armement  et  a  leur  depart  tinal. 

ARTICLE   III 

Les  batiments-hospitaliers,  equipes  en  totalite  ou  en 
partie  aux  frais  des  particuliers  ou  des  Societes  officielle- 


THIRD    CONVENTION  405 

They  have,  in  conseqvience,  appointed  as  their  Plenipo- 
tentiaries, to  wit :  — 

(Names.) 

Who,  after  coniinuuication  of  their  full  powers,  found  in 
good  and  due  form,  have  agreed  on  the  following  pro- 
visions :  — 

ARTICLE    I 

Military  hospital-ships,  that  is  to  say,  ships  constructed 
or  assigned  by  States  specially  and  solely  for  the  purpose 
of  assisting  the  wounded,  sick,  or  shipwrecked,  and  the 
names  of  ^^■hich  shall  have  been  conniiunicated  to  the  bel- 
ligerent Powers  at  the  commencement  ov  during  the  course 
of  hostilities  and  in  any  case  before  they  are  employed, 
shall  be  respected  and  cannot  be  captured  while  hostilities 
last. 

These  ships,  moreover,  are  not  on  the  same  footing  as 
men-of-war  as  regards  their  stay  in  a  neutral  port. 

ARTICLE   II 

Hospital-ships,  equipped  wholly  or  in  part  at  the  cost  of 
private  individuals  or  officially  recognized  relief  Societies, 
shall  likewise  be  respected  and  exempt  from  capture,  pro- 
vided the  belligerent  Power  to  whom  they  belong  has 
given  them  an  official  commission  and  has  notified  their 
names  to  the  hostile  Power  at  the  commencement  of  or 
during  hostilities,  and  in  any  case  before  they  are  employed. 

These  ships  should  be  furnished  with  a  certificate  from 
the  competent  authorities,  declaring  that  they  had  been 
under  their  control  while  fitting  out  and  on  final  departure. 

ARTICLE   III 

Hospital-ships,  equipped  wholly  or  in  part  at  the  cost  of 
private  individuals  or  officially  recognized  Societies  of  neu- 
2  a 


466  TROISIEME   CONVENTION 

ment  reconnues  de  pays  neiitres,  sont  respectes  et  exempts 
de  capture  si  la  Puissance  iieutre  dont  ils  dependent  leur 
a  donne  une  commission  ol^cielle  et  en  a  notifie  les  noms 
aux  Puissances  belligerantes  a  Touverture  ou  au  cours 
des  liostilites,  en  tout  cas  avant  toute  mise  en  usage. 

AKTICLE   IV 

Les  batiments  qui  sont  mentionnes  dans  les  Articles  I, 
II,  et  III,  porteront  secours  et  assistance  aux  blesses, 
malades,  et  naufrages  des  belligerants  sans  distinction  de 
nationalite. 

Les  Gouvernements  s'engagent  a  n'utiliser  ces  batiments 
pour  aucun  b'ut  militaire. 

Ces  batiments  ne  devront  gener  en  aucune  maniere  les 
mouvements  des  combattants. 

Pendant  et  apres  le  combat,  ils  agiront  a  leurs  risques 
et  perils. 

Les  belligerants  auront  sur  eux  le  droit  de  controle  et 
de  visite  ;  ils  pourront  refuser  leur  concours,  leur  enjoindre 
de  s'eloigner,  leur  imposer  une  direction  determinee  et 
mettre  a  bord  un  commissaire,  meme  les  detenir,  si  la 
gravite  des  circonstances  I'exigeait. 

Autant  que  possible,  les  belligerants  inscriront  sur  le 
journal  de  bord  des  batiments-hospitaliers  les  ordres 
qu'ils  leur  donneront. 

ARTICLE  V 

Les  batiments-liopitaux  militaires  seront  distingues  par 
une  peinture  exterieure  l)lanche  avec  une  bande  horizontale 
verte  d'un  metre  et  demi  de  largeur  environ. 

Les  Initiments  qui  sont  mentionnes  dans  les  Articles  II 
et  III  seront  distingues  par  une  peinture  exterieure  blanche 
avec  une  bande  horizontale  rouge  d'un  metre  et  demi  de 
largeur  environ. 

Les   embarcations  des   batiments    qui   viennent   d'etre 


I'll  HID   CONVENTION  467 

tral  countries,  shall  be  respected  and  exempt  from  capture, 
if  the  neutral  Power  to  whom  they  belong  has  given  them 
an  othcial  commission  and  notitied  their  names  to  the 
belligerent  Powers  at  the  commencement  of  or  during 
hostilities,  and  in  any  case  before  they  are  employed. 

AKTICLE   lY 

The  ships  mentioned  in  Articles  I,  II,  and  III  shall 
afford  relief  and  assistance  to  the  wounded,  sick,  and  ship- 
wrecked of  the  belligerents  independently  of  their  nation- 
ality. 

The  Governments  engage  not  to  use  these  ships  for  any 
military  purpose. 

These  ships  must  not  in  any  way  hamper  the  movements 
of  the  combatants. 

During  and  after  an  engagement  they  will  act  at  their 
own  risk  and  peril. 

The  belligerents  will  have  the  right  to  control  and  visit 
them  ;  they  can  refuse  their  assistance,  order  them  off, 
make  them  take  a  certain  course,  and  put  a  Commissioner 
on  board  ;  they  can  even  detain  them,  if  important  cir- 
cumstances require  it. 

As  far  as  possible  the  belligerents  shall  inscribe  in  the 
sailing  papers  of  the  hospital-ships  the  orders  they  give 
them. 

ARTICLE   V 

The  military  hospital-ships  shall  be  distinguished  by 
being  painted  white  outside  with  a  horizontal  band  of 
green  about  a  metre  and  a  half  in  breadth. 

The  ships  mentioned  in  Articles  II  and  III  shall  be  dis- 
tinguished by  being  painted  white  outside  with  a  horizontal 
band  of  red  about  a  metre  and  a  half  in  breadth. 

The  boats  of  the  ships  above  mentioned,  as  also  small 


468  TROISIEME   ('ONVEXTION 

mentionnes,  comine  les  petits  batiments  qui  pourront 
etre  affectes  au  service  hospitalier,  se  distingueront  par 
une  peinture  analogue. 

Tous  les  batiments-hospitaliers  se  feront  reconnaitre  en 
hissant,  avec  leur  pavilion  national,  le  pavilion  blanc  a 
croix  rouge  prevu  par  la  Convention  de  Geneve. 

ARTICLE  VI 

Les  batiments  de  commerce,  yachts,  ou  erabarcations 
neutres,  portant  ou  recueillant  des  blesses,  des  malades, 
ou  des  naufrages  des  belligerants,  ne  peuvent  etre  cap- 
tures pour  le  fait  de  ce  transport,  mais  ils  restent  exposes 
a  la  capture  pour  les  violations  de  neutralite  qu'ils  pour- 
raient  avoir  commises. 

ARTICLE  VII 

Le  personnel  religieux,  medical,  et  hospitalier  de  tout 
bailment  capture  est  inviolable  et  ne  puet  etre  fait  prison- 
nier  de  guerre.  II  emporte,  en  quittant  le  navire,  les 
objets  et  les  instruments  de  chirurgie  qui  sont  sa  pro- 
priete  particuliere. 

Ce  personnel  continuera  a  remplir  ses  fonctions  tant  que 
cela  sera  necessaire,  et  il  pourra  ensuite  se  retirer  lorsque 
le  Commandant-en-chef  le  jugera  possible. 

Les  belligerants  doivent  assurer  a  ce  personnel  tombe 
entre  leurs  mains  la  jouissance  integrale  de  son  traite- 
ment. 

ARTICLE  VIII 

Les  marins  et  les  militaires  embarques  blesses  ou  malades, 
a  quelque  nation  qu'ils  appartiennent,  seront  proteges  et 
soignes  par  les  capteurs. 


nil  III)   CONVENTION^  469 

craft  which  may  be  used  for  hospital  work,  shall  be  distin- 
guished by  similar  painting. 

All  hospital-ships  shall  make  themselves  known  by 
hoisting,  together  with  their  national  flag,  the  white  flag 
with  a  red  cross  provided  by  the  Geneva  Convention. 

ARTICLE   VI 

Neutral  merchantmen,  yachts,  or  vessels,  having,  or 
taking  on  board,  sick,  wounded,  or  shipwrecked  of  the 
belligerents,  cannot  be  captured  for  so  doing,  but  they  are 
liable  to  capture  for  any  violation  of  neutrality  they  may 
have  committed. 


ARTICLE  VII 

The  religious,  medical,  or  hospital  staff  of  any  captured 
ship  is  inviolable,  and  its  members  cannot  be  made  pris- 
oners of  war.  On  leaving  the  ship  they  take  with  them 
the  objects  and  surgical  instruments  which  are  their  own 
private  property. 

This  staff  shall  continue  to  discharge  its  duties  while 
necessary,  and  can  afterwards  leave  when  the  Commander- 
in-chief  considers  it  possible. 

The  belligerents  must  guarantee  to  the  staff  that  has 
fallen  into  their  hands  the  enjoyment  of  their  salaries 
intact. 

ARTICLE  VIII 

Sailors  and  soldiers  who  are  taken  on  board  when  sick 
or  wounded,  to  whatever  nation  they  belong,  shall  be  pro- 
tected and  looked  after  by  the  captors. 


470  TROISIEME    CONVENTION 

ARTICLE  IX 

Sont  prisonniers  de  guerre  les  naufrages  blesses,  ou 
malades,  d'un  belligerant  qui  tombent  au  pouvoir  de 
I'autre.  II  appartient  a  celui-ci  de  decider,  suivant  les 
circonstances,  s'il  convient  de  les  garder,  de  les  dinger 
sur  un  port  de  sa  nation,  sur  un  port  neutre  ou  meme  sur 
un  port  de  I'adversaire.  Dans  ce  dernier  cas,  les  prison- 
niers  ainsi  rendus  a  leur  pays  ne  pourront  servir  pendant 
la  duree  de  la  guerre. 

ARTICLE  X 

(EXCLU.I) 

ARTICLE  XI 

Les  regies  contenues  dans  les  Articles  ci-dessus  ne  sont 
obligatoires  que  pour  les  Puissances  Contractantes,  en  cas 
de  guerre  entre  deux  ou  plusieurs  d'entre  elles. 

Les  dites  regies  cesseront  d'etre  obligatoires  du  moment 

ou,  dans  une  guerre  entre  des  Puissances  Contractantes, 

une  Puissance  non-Contractante  se  joindrait  a  Tun  des 

belligerants. 

ARTICLE  XII 

La  presente  Convention  sera  ratifiee  dans  le  plus  bref 
delai  possible. 

Les  ratifications  seront  deposees  a  La  Haye. 

II  sera  dresse  du  depot  de  chaque  ratification  un  proces- 
verbal,  dont  une  copie,  certifiee  conforme,  sera  remise  par 
la  voie  diplomatique  a  toutes  les  Puissances  Contractantes. 

ARTICLE  XIII 

Les  Puissances  non-Signataires,  qui  auront  accepte  la 
Convention  de  Geneve  du  22  Aout,  1864,  sont  admises  a 
adherer  a  la  presente  Convention. 

1  See  p.  128. 


THIRD    CONVENTION  471 

ARTICLE    IX 

The  shipwrecked,  wounded,  or  sick  of  one  of  the  bellig- 
erents who  fall  into  the  liands  of  the  other,  are  prisoners 
of  war.  The  captor  must  decide,  according  to  circum- 
stances, if  it  is  best  to  keep  them  or  send  them  to  a  port 
of  his  own  country,  to  a  neutral  port,  or  even  to  a  hostile 
port.  In  the  last  case,  prisoners  thus  repatriated  cannot 
serve  as  long  as  the  war  lasts. 

ARTICLE   X 

(EXCLUDED.I) 

ARTICLE   XI 

The  rules  contained  in  the  above  Articles  are  binding 
only  on  the  Contracting  Powers,  in  case  of  war  between 
two  or  more  of  them. 

The  said  rules  shall  cease  to  be  binding  from  the  time 
when,  in  a  war  between  the  Contracting  Powers,  one  of 
the  belligerents  is  joined  by  a  non-Contracting  Power. 

ARTICLE   XII 

The  present  Convention  shall  be  ratified  as  soon  as 
possible. 

The  ratifications  shall  be  deposited  at  The  Hague. 

On  the  receipt  of  each  ratification  a  proces-verhal  shall 
be  drawn  up,  a  copy  of  which,  duly  certified,  shall  be  sent 
tlirough  the  diplomatic  channel  to  all  the  Contracting 
Powers. 

ARTICLE  XIII 

The  non-Signatory  Powers  who  accepted  the  Geneva 
Convention  of  the  22d  August,  180-1,  are  allowed  to 
adhere  to  the  present  Convention. 

1  See  p.  128. 


472  TROISIEME    CONVENTION 

Elles  auront,  a  cet  effet,  a  faire  connaitre  leur  adhesion 
aux  Puissances  Contractantes,  au  moyen  (Fune  notification 
ecrite  adressee  au  Gouvernement  des  Pays-Has  et  com- 
muniquee  par  celui-ci  a  toutes  les  autres  Puissances  Con- 
tractantes. 

AETICLE   XIV 

S'il  arrivait  qu'une  des  Hautes  Parties  Contractantes 
denongat  la  presente  Convention,  cette  denonciation  ne 
produirait  ses  effets  qu'un  an  apres  la  notification  faite 
par  ecrit  au  Gouvernement  des  Pays-Bas  et  communiquee 
iramediatement  par  celui-ci  a  toutes  les  autres  Puissances 
Contractantes. 

Cette  denonciation  ne  produira  ses  effets  qu'a  I'egard  de 
la  Puissance  qui  Taura  notifiee. 

En  foi  de  quoi,  les  Plenipotentiaires  respectifs  ont  signe 
la  presente  Convention  et  I'ont  revetue  de  leurs  sceaux. 

Fait  a  La  Haj-e,  le  29  Juillet,  1899,  en  un  seul  exemj^laire, 
qui  restera  depose  dans  les  archives  du  Gouvernement  des 
Pays-Bas  et  dont  des  copies,  certifiees  conformes,  seront 
remises  par  la  voie  diplomatique  aux  Puissances  Contrac- 
tantes. 

(Signatures.) 


THIRD   L'ONVENTWN  473 

For  this  purpose  they  must  make  their  adhesion  known 
to  the  Contracting  Powers  by  means  of  a  written  notifica- 
tion addressed  to  the  Netherland  Government,  and  by  it 
communicated  to  all  the  other  Contracting  Powers. 

ARTICLE   XIV 

In  the  event  of  one  of  the  High  Contracting  Parties 
denouncing  the  present  Convention,  such  denunciation 
shall  not  take  effect  until  a  year  after  the  notification 
made  in  writing  to  the  Netherland  Government,  and 
forthwith  communicated  by  it  to  all  the  other  Contracting 
Powers. 

This  denunciation  shall  only  affect  the  notifying  Power. 

In  faith  of  which  the  respective  Plenipotentiaries  have 
signed  the  present  Convention  and  affixed  their  seals 
thereto. 

Done  at  The  Hague  the  29th  July,  1899,  in  single  copy, 
which  shall  be  kept  in  the  archives  of  the  Government  of 
the  Netherlands,  and  copies  of  wliich,  duly  certified,  shall 
be  sent  through  the  diplomatic  channel  to  the  Contracting 
Powers. 

(Signatures.) 


APPENDIX   II 

GENERAL  EEPORT  OF  THE  COMMISSION  OF  THE 
UNITED  STATES  OF  AMERICA  TO  THE  INTER- 
NATIONAL CONFERENCE  AT  THE  HAGUE, 
WITH  THE  REPORTS  OF  THE  AMERICAN  MEM- 
BERS  OF   THE   VARIOUS   COMMITTEES 


A.  GENERAL  REPORT  OF  THE  COMMISSION 

The  Hague,  July  31,  1899. 
The  Honouable  John  Hay,  Secretary  of  State, 

Sir:  —  On  May  17,  1899,  the  American  Commission  to 
the  Peace  Conference  of  The  Hague  met  for  the  first  time 
at  the  house  of  the  American  Minister,  The  Honorable 
Stanford  Newel,  the  members  in  the  order  named  in  the 
instructions  from  the  State  Department  being  Andrew 
D.  White,  Seth  Low,  Stanford  Newel,  Captain  Alfred 
T.  Mahan  of  the  United  States  Navy,  Captain  William 
Crozier  of  the  United  States  Army,  and  Frederick  W, 
Holls,  Secretary.  Mr.  White  was  elected  President  and 
the  instructions  from  the  Department  of  State  were  read. 

On  the  following  day  the  Conference  was  opened  at  the 
Palace  known  as  "  The  House  in  the  Wood,"  and  dele- 
gates from  the  following  countries,  twenty-six  in  number, 
were  found  to  be  present :  Germany,  The  United  States 
of  America,  Austria-Hungary,  Belgium,  China,  Denmark, 
Spain,  France,  Great  Britain  and  Ireland,  Greece,  Italy, 
Japan,  Luxemburg,  Mexico,  Montenegro,  The  Nether- 
lands, Persia,  Portugal,  Roumania,  Russia,  Servia,  Siam, 
Sweden  and  Norway,  Switzerland,  Turkey,  and  Bulgaria. 

The  opening  meeting  was  occupied  mainly  by  proceed- 
ings of  a  ceremonial  nature,  including  a  telegram  to  the 
Emperor  of  Russia  and  a  message  of  thanks  to  the  Queen 
of  the  Netherlands,  with  speeches  by  M.  de  Beaufort, 
the  Netherlands  Minister  of  Foreign  Affairs,  and  M.  de 
Staal,  representing  Russia. 

477 


478        GENERAL   REPORT  OE   THE   COMMISSION 

At  tlie  second  meeting  a  permanent  organization  of  the 
Conference  was  effected,  M.  de  Staal  l)eing  chosen  Presi- 
dent, M.  de  Beaufort  honorary  President,  and  M.  van 
Karnebeek,  a  former  Netherlands  Minister  of  Foreign 
Affairs,  Vice-President.  A  sufficient  number  of  Secre- 
taries was  also  named. 

The  work  of  the  Conference  was  next  laid  out  with 
reference  to  the  points  stated  in  the  Mouravieff  circular 
of  December  30,  1898,  and  divided  between  three  great 
committees  as  follows:  — 

The  first  of  these  committees  was  upon  the  limitation 
of  armaments  and  war  budgets,  the  interdiction  or  dis- 
couragement of  sundry  arms  and  explosives  which  had 
been  or  might  be  hereafter  invented,  and  the  limitation  of 
the  use  of  sundry  explosives,  projectiles,  and  methods  of 
destruction,  both  on  land  and  sea,  as  contained  in  Articles 
1  to  4  of  the  Mouravieff  circular. 

The  second  great  committee  had  reference  to  the 
extension  of  the  Geneva  Red  Cross  Rules  of  1864  and 
1868  to  maritime  warfare,  and  the  revision  of  the 
Brussels  Declaration  of  1874  concerning  the  laws  and 
customs  of  war  and  contained  in  Articles  5  to  7  of  the 
same  circular. 

The  third  committee  had  as  its  subjects,  mediation, 
arbitration,  and  other  methods  of  preventing  armed  con- 
flicts between  nations,  as  referred  to  in  Article  8  of  the 
Mouravieff  circular. 

The  American  members  of  these  three  committees  were 
as  follows  :  of  the  first  committee,  Messrs.  White,  Mahan, 
Crozier  ;  of  the  second  committee,  Messrs.  White,  Newel, 
Mahan,  Crozier  ;  of  the  third  committee,  Messrs.  White, 
Low,  and  Holls. 

In  aid  of  these  three  main  committees  sub-committees 
were  appointed  as  follows  :  — 

The  first    committee   referred  questions  of   a  military 


GENERAL   REPORT  OF   THE   COMMISSION       479 

nature  to  the  first  sub-committee  of  which  Captain 
Crozier  was  a  member,  and  questions  of  a  naval  nature  to 
the  second  sub-committee  of  which  Captain  Mahan  was  a 
member. 

The  second  committee  referred  Articles  5  and  6,  hav- 
ing reference  to  the  extension  of  tlie  Geneva  Rules  to 
maritime  warfare  to  a  sub-committee  of  which  Captain 
Mahan  was  a  member,  and  Article  7,  concerning  the  revi- 
sion of  the  laws  and  customs  of  war,  to  a  sid^-committee 
of  which  Captain  Crozier  was  a  member. 

The  third  committee  appointed  a  single  sub-committee, 
of  "examination,"  whose  purpose  was  to  scrutinize  plans, 
projects,  and  suggestions  of  arbitration,  and  of  this  com- 
mittee, Mr.  Holls  was  a  member. 

The  main  steps  in  the  jDrogress  of  the  work  wrought  by 
these  agencies,  and  the  part  taken  in  it  by  our  Commis- 
sion are  detailed  in  the  accompanying  rejjorts  made  to 
the  American  Commission  by  the  American  members  of 
the  three  committees  of  the  Conference.  It  will  be  seen 
from  these  that  some  of  the'  most  important  features 
finally  adopted  were  the  result  of  American  proposals 
and  suggestions. 

As  to  that  portion  of  the  work  of  the  Plrst  Committee 
of  the  Conference  which  concerned  the  non-augmentation 
of  armies,  navies,  and  war  budgets  for  a  fixed  term  and 
the  study  of  the  means  for  eventually  diminishing  armies 
and  war  budgets,  namely  Article  1,  the  circumstances 
of  the  United  States  being  so  different  from  those  which 
obtain  in  other  parts  of  the  world  and  especially  in 
Europe,  Ave  thought  it  best,  under  our  instructions,  to 
abstain  from  taking  any  active  part.  In  this  connection, 
the  following  declaration  was  made  :  — 

"  The  Delegation  of  the  United  States  of  America  has 
concurred  in  the  conclusions  upon  the  first  clause  of  the 
Russian  letter  of   Dec.   30,  1898,  presented  to  the  Con- 


480        GENERAL   REPORT  OF  THE    COMMISSION 

ference  by  the  First  Commission,  namely  :  that  the  pro- 
posals of  the  Russian  representatives,  for  fixing  the 
amounts  of  effective  forces  and  of  budgets,  military  and 
naval,  for  j^eriods  of  five  and  three  years,  cannot  now  be 
accepted,  and  that  a  more  profound  study  upon  the  part 
of  each  State  concerned  is  to  be  desired.  But,  while  thus 
supporting  what  seemed  to  be  the  only  practicable  solu- 
tion of  a  question  submitted  to  the  Conference  by  the 
Russian  letter,  the  Delegation  wishes  to  place  upon  the 
Record  that  the  United  States,  in  so  doing,  does  not 
express  any  opinion  as  to  the  course  to  be  taken  by  the 
States  of  Europe. 

"  This  declaration  is  not  meant  to  indicate  mere  indif- 
ference to  a  difficult  problem,  because  it  does  not  affect 
the  United  States  immediately,  but  expresses  a  determi- 
nation to  refrain  from  enunciating  opinions  upon  matters, 
into  which,  as  concerning  Europe  alone,  the  United 
States  has  no  claim  to  enter.  The  resolution  offered  by 
M.  Bourgeois,  and  adopted  by  the  First  Commission, 
received  also  the  hearty  concurrence  of  this  Delegation, 
because  in  so  doing  it  expresses  the  cordial  interest  and 
sympathy  with  which  the  United  States,  while  carefully 
abstaining  from  anything  that  might  resemble  interfer- 
ence, regards  all  movements  that  are  thought  to  tend  to 
the  welfare  of  Europe.  The  military  and  naval  arma- 
ments of  the  United  States  are  at  present  so  small,  rela- 
tively, to  the  extent  of  territory  and  to  the  number  of  the 
population,  as  well  as  in  comparison  with  those  of  other 
nations,  that  their  size  can  entail  no  additional  burden  of 
expense  upon  the  latter,  nor  can  even  form  a  subject  for 
profitable  mutual  discussion." 

As  to  that  portion  of  the  work  of  the  first  committee 
which  concerned  the  limitations  of  invention  and  the 
interdiction  of  sundry  arms,  explosives,  mechanical  agen- 
cies, and  methods  heretofore  in  use  or  which  might  possi- 


GENERAL   REPORT  OF   THE   COMMISSION       481 

bly  be  hereafter  adopted  both  as  regards  warfare  by  land 
and  sea,  namely,  Articles  2,  3,  and  4,  the  whole  matter 
having  been  divided  between  Captains  Mahan  and  Cro- 
zier,  so  far  as  technical  discussion  was  concerned,  the 
reports  made  by  them  from  time  to  time  to  the  American 
Commission  formed  the  basis  of  its  final  action  on  these 
subjects  in  the  first  committee  and  in  the  Conference  at 
large. 

The  American  Commission  approached  the  sul)ject  of 
the  limitation  of  invention  with  much  doubt.  They  had 
been  justly  reminded  in  their  instructions  of  the  fact  that 
by  the  progress  of  invention  as  applied  to  the  agencies  of 
war,  the  frequency,  and  indeed  the  exhausting  character 
of  war  had  been  as  a  rule  diminished  rather  than  increased. 
As  to  details  regarding  missiles  and  methods,  technical 
and  other  difficulties  arose  which  obliged  us  eventu- 
ally, as  will  be  seen,  to  put  ourselves  on  record  in  opposi- 
tion to  the  large  majority  of  our  colleagues  from  other 
nations  on  sundry  points.  While  agreeing  with  them 
most  earnestly  as  to  the  end  to  be  attained,  the  difference 
in  regard  to  some  details  was  irreconcilable.  We  feared 
falling  into  worse  evils  than  those  from  which  we  sought 
to  escape.  The  annexed  Reports  of  Captains  Mahan  and 
Crozier  will  exliibit  very  fully  these  difficulties  and  the 
decisions  thence  arising. 

As  to  the  work  of  the  Second  great  Committee  of  the 
Conference,  the  matters  concerned  in  Articles  3  and  6 
which  related  to  the  extension  to  maritime  warfare  of  the 
Red  Cross  Rules  regarding  care  for  the  wounded  adopted 
in  the  Geneva  Conventions  of  18G4  and  1868  were,  as 
already  stated,  referred  as  regards  the  discussion  of 
technical  questions  in  the  committee  and  sub-committee 
to  Captain  Mahan,  and  the  matters  concerned  in  Article  7, 
on  the  revision  of  the  laws  and  customs  of  war  were  re- 
ferred to  Captain  Crozier.  On  these  teclmical  questions 
2i 


482        GENERAL   REPORT  OF   THE   COMMISSION 

Captains  Mahan  and  Crozier  reported  from  time  to  time 
to  the  American  Commission,  and  these  reports  having 
been  discussed  botli  in  regard  to  their  general  and  special 
bearings,  became  the  basis  of  the  final  action  of  the  en- 
tire American  Commission,  botli  in  the  second  committee 
and  in  the  Conference  at  large. 

As  to  the  first  of  these  subjects,  the  extension  of  the 
Geneva  Red  Cross  Rules  to  maritime  warfare,  while  the 
general  purpose  of  the  articles  adopted  elicited  the  es- 
pecial sympathy  of  the  American  Commission,  a  neglect 
of  what  seemed  to  us  a  question  of  almost  vital  impor- 
tance, namely :  the  determination  of  the  status  of  men 
picked  up  by  the  hospital  ships  of  neutral  states  or  by 
other  neutral  vessels,  has  led  us  to  refrain  from  signing 
the  Convention  prepared  by  the  Conference  touching  this 
subject,  and  to  submit  the  matter,  with  full  explanations, 
to  the  Department  of  State  for  decision. 

As  to  the  second  of  these  subjects,  the  revision  of  the 
laws  and  customs  of  war,  though  the  code  adopted  and 
embodied  \n  the  third  convention  commends  our  approval, 
it  is  of  such  extent  and  importance  as  to  appear  to  need 
detailed  consideration  in  connection  with  similar  laws 
and  customs  already  in  force  in  the  army  of  the  United 
States,  and  it  was  thought  best,  therefore,  to  withhold 
our  signature  from  this  Convention,  also,  and  to  refer  it 
to  the  State  Department  with  a  recommendation  that  it 
be  there  submitted  to  the  proper  authorities  for  special 
examination  and  signed,  unless  such  examination  shall 
disclose  imperfections  not  apparent  to  the  Commission. 

In  the  Third  great  Committee  of  the  Conference,  which 
had  in  charge  the  matters  concerned  in  Article  3  of  the 
Russian  circular,  with  reference  to  good  offices,  media- 
tion, and  arbitration,  the  proceedings  of  the  sub-com- 
mittee above  referred  to  became  especially  important. 

AVhile  much  interest  was  shown  in  the  discussions  of 


GENERAL  REPORT  OF   THE    COMMISSION       483 

tlie  first  of  the  great  Committees  of  the  Conference,  and 
still  more  in  those  of  the  second,  the  main  interest  of  the 
whole  body  centred  more  and  more  in  the  third.  It  was 
felt  that  a  thorough  provision  for  arbitration  and  its  cog- 
nate subjects  is  the  logical  precursor  of  the  limitation  of 
standing  armies  and  budgets,  and  that  the  true  logical 
order  is  first  arbitration  and  then  disarmament. 

As  to  subsidiary  agencies,  while  our  Commission  con- 
tributed much  to  the  general  work  regarding  good  offices 
and  mediation,  it  contributed  entirely,  through  ^Ir.  Holls, 
the  plan  for  "  Special  Mediation,"  which  was  adopted 
unanimously  first  by  the  committee  and  finally  by  the 
Conference. 

As  to  the  plan  for  "  International  Commissions  of 
Inquiry  "  which  emanated  from  the  Russian  Delegation, 
our  Commission  acknowledged  its  probable  value,  and  aided 
in  elaborating  it ;  but  added  to  the  safeguards  against  any 
possible  abuse  of  it,  as  concerns  the  United  States,  by  our 
Declaration  of  July  25,  to  be  mentioned  hereafter. 

The  functions  of  such  commissions  is  strictly  limited 
to  the  ascertainment  of  facts,  and  it  is  hoped  that,  both 
by  giving  time  for  passions  to  subside  and  by  substi- 
tuting truth  for  rumor,  they  may  prove  useful  at  times 
in  settling  international  disputes.  The  Commissions  of 
Inquiry  may  also  form  a  useful  auxiliary  both  in  the 
exercise  of  Good  Offices  and  to  Arbitration. 

As  to  the  next  main  subject,  the  most  important  of  all 
under  consideration  by  the  third  committee  —  the  plan 
of  a  Permanent  Court  or  Tribunal  —  we  were  able,  in 
accordance  with  our  instructions,  to  make  contributions 
which  we  believe  will  aid  in  giving  such  a  court  dignity 
and  efficiency. 

On  the  assemljling  of  the  Conference,  the  feeling  regard- 
ing the  establishment  of  an  actual,  permanent  tribunal 
was  evidently  chaotic,  with  little  or  no  apparent  tendency 


484         GENERAL   REPORT   OF   THE    COMMISSION 

to  crystallize  into  any  satisfactory  institution.  The  very 
elaborate  and,  in  the  main,  excellent  proposals  relating  to 
procedure  before  special  and  temporary  tribunals,  which 
were  presented  by  the  Russian  Delegation,  did  not  at  first 
contemplate  the  establishment  of  any  such  permanent  insti- 
tution. The  American  plan  contained  a  carefully  devised 
project  for  such  a  tribunal,  which  differed  from  that  adopted 
mainly  in  contemplating  a  tribunal  capable  of  meeting  in 
full  bench  and  permanently  in  the  exercise  of  its  func- 
tions, like  the  Supreme  Court  of  the  United  States,  instead 
of  a  Court  like  tlie  Supreme  Court  of  the  State  of  New 
York,  which  never  sits  as  a  whole,  but  whose  members  sit 
from  time  to  time  singly  or  in  groups,  as  occasion  may 
demand.  The  Court  of  Arbitration  provided  for  resembles 
in  many  features  the  Supreme  Court  of  the  State  of  New 
York,  and  courts  of  unlimited  original  jurisdiction  in 
various  other  States.  In  order  to  make  this  system  effec- 
tive a  Council  was  established,  composed  of  the  diplomatic 
representatives  of  the  various  Powers  at  The  Hague,  and 
presided  over  by  the  Netherlands  jNIinister  of  Foreign 
Affairs,  which  should  have  charge  of  the  central  office  of 
the  proposed  Court,  of  all  administrative  details,  and  of 
the  means  and  machinery  for  speedily  calling  a  proper 
bench  of  judges  together,  and  for  setting  the  Court  in 
action.  The  reasons  Avhy  Ave  acquiesced  in  this  plan  will 
be  found  in  the  accompanying  report.  This  compromise 
involving  the  creation  of  a  Council  and  the  selection  of 
judges,  not  to  be  in  session  save  when  actually  required 
for  international  litigation,  was  proposed  by  Great  Britain, 
and  the  feature  of  it,  Avdiich  provided  for  the  admission  of 
the  Netherlands  with  its  Minister  of  Foreign  Affairs  as 
President  of  the  Council,  was  proposed  by  the  American 
Commission.  The  nations  generally  joined  in  perfecting 
the  details.  It  may  truthfully  be  called,  therefore,  the 
plan  of  the  Conference. 


GENERAL   REPORT  OF   THE   COMMISSION       485 

As  to  the  revision  of  the  decisions  by  the  tribunal  in 
case  of  the  discovery  of  new  facts,  a  subject  on  which  our 
instructions  were  explicit,  we  were  able,  in  the  face  of 
determined  and  prolonged  opposition,  to  secure  recogni- 
tion in  the  Code  of  Procedure  for  the  American  view. 

As  regards  the  procedure  to  be  adopted  in  the  Inter- 
national Court  thus  provided,  tlie  main  features  having 
been  proposed  by  the  Russian  Delegation,  various  modi- 
fications were  made  by  other  Delegations,  including  our 
own.  Our  Commission  was  careful  to  see  that  in  this 
Code  there  should  be  nothing  which  could  put  those  con- 
versant more  especially  with  British  and  American  Com- 
mon Law  and  Equity  at  a  disadvantage.  To  sundry 
important  features  proposed  by  other  Powers  our  own 
Commission  gave  hearty  support.  This  was  the  case 
more  especially  with  Article  27  proposed  by  France.  It 
provides  a  means,  through  the  agency  of  the  Powers  gen- 
erally, for  calling  the  attention  of  any  nations  apparently 
drifting  into  war,  to  the  fact  that  the  tribunal  is  ready  to 
hear  their  contention.  In  this  provision,  broadly  inter- 
preted, we  acquiesced,  but  endeavored  to  secure  a  clause 
limiting  to  suitable  circumstances  the  "duty"  im})osed 
by  the  article.  Great  opposition  being  shown  to  such  an 
amendment  as  unduly  weakening  the  article,  we  decided 
to  present  a  declaration  that  nothing  contained  in  the 
convention  should  make  it  the  duty  of  the  United  States 
to  intrude  in  or  become  entangled  with  European  politi- 
cal questions  or  matters  of  internal  administration,  or  to 
relinquish  the  traditional  attitude  of  our  nation  toward 
purely  American  questions.  This  declaration  was  received 
without  objection  by  the  Conference  in  full  and  open  ses- 
sion. 

As  to  the  results  thus  obtained  as  a  whole  regarding 
arbitration,  in  view  of  all  the  circumstances  and  consid- 
erations revealed  during  the  sessions  of  the  Conference, 


486        GENERAL  REPORT  OF   THE   COMMISSION 

it  is  our  opinion  tliat  the  "Plan  for  the  Peaceful  Adjust- 
ment of  International  Differences,"  which  was  adopted  by 
the  Conference,  is  better  than  that  presented  by  any  one 
nation.  We  believe  that,  though  it  will  doubtless  be 
found  imperfect  and  will  require  modification  as  time 
goes  on,  it  will  form  a  thoi;oughly  practical  beginning, 
that  it  will  produce  valuable  results  from  the  outset,  and 
that  it  will  be  the  germ  out  of  which  a  better  and  better 
system  will  be  gradually  evolved. 

As  to  the  question  between  compulsory  and  voluntary 
arbitration,  it  was  clearly  seen,  before  we  had  been  long 
in  session,  that  general  compulsory  arbitration  of  ques- 
tions, really  likely  to  produce  war,  could  not  be  obtained ; 
in  fact,  that  not  one  of  the  nations  represented  at  the  Con- 
ference was  walling  to  embark  in  it  so  far  as  the  more  seri- 
ous questions  were  concerned.  Even  as  to  questions  of 
less  moment  it  was  found  to  be  impossible  to  secure  agree- 
ment except  upon  a  voluntary  basis.  We  ourselves  felt 
obliged  to  insist  upon  the  omission  from  the  Russian  list 
or  proposed  subjects  for  compulsory  arbitration,  inter- 
national conventions  relating  to  rivers,  to  inter-oceanic 
canals,  and  to  monetary  matters.  Even  as  so  amended, 
the  plan  was  not  acceptable  to  all.  As  a  consequence, 
the  Convention  prepared  b}-  the  Conference  provides  for 
voluntary  arbitration  only.  It  remains  for  public  opin- 
ion to  make  this  system  effective.  As  questions  arise 
threatening  resort  to  arms,  it  may  well  be  hoped  that 
public  opinion  in  the  nations  concerned,  seeing  in  this 
great  international  court  a  means  of  escape  from  the  in- 
creasing horrors  of  war,  will  insist  more  and  more  that 
the  questions  at  issue  be  referred  to  it.  As  time  goes  on 
such  reference  will  probably  more  and  more  seem,  to  the 
world  at  large,  natural  and  normal,  and  we  may  hope  that 
recourse  to  the  tribunal  will  finally,  in  the  great  majority 
of  serious  differences  between  nations,  become  a  popular 


GENERAL   REPORT  OF   THE   COMMISSION       487 

means  of  avoiding  the  resort  to  arms.  Tliore  will  also  be 
another  effect  worthy  of  consideration.  This  is  the  build- 
ing up  of  a  bod}"  of  international  law  growing  out  of  the 
decisions  handed  down  by  the  judges.  The  procedure  of 
the  tribunal  requires  that  reasons  for  such  decisions  shall 
be  given,  and  these  decisions  and  reasons  can  hardly  fail 
to  form  additions  of  especial  value  to  international  juris- 
prudence. 

It  now  remains  to  report  the  proceedings  of  the  Con- 
ference, as  well  as  our  own  action,  regarding  the  question 
of  the  immunity  of  private  property  not  contraband,  from 
seizure  on  the  seas  in  time  of  war.  From  the  very  l)egin- 
ning  of  our  sessions  it  was  constantly  insisted  by  leading 
representatives  from  nearly  all  the  great  Powers  that  the 
action  of  the  Conference  should  be  strictly  limited  to  the 
matters  specified  in  the  Russian  circular  of  December  30, 
1898,  and  referred  to  in  the  invitation  emanating  from 
the  Netherlands  ]\Iinistry  of  Foreign  Affairs. 

jNlany  reasons  for  such  a  limitation  were  obvious.  The 
members  of  the  Conference  were,  from  the  beginning,  del- 
uged with  books,  pamphlets,  circulars,  newspapers,  broad- 
sides, and  private  letters  on  a  multitude  of  burning 
questions  in  various  parts  of  the  world.  Considerable 
numbers  of  men  and  women  devoted  to  urging  these  ques- 
tions came  to  The  Hague  or  gave  notice  of  their  coming. 
It  was  very  generally  believed  in  the  Conference  that 
the  admission  of  any  question  not  strictly  within  the 
limits  proposed  by  the  two  circulars  above  mentioned 
would  open  the  door  to  all  those  proposals  above  referred 
to,  and  that  this  might  lead  to  endless  confusion,  to 
heated  debate,  perhaps  even  to  the  wreck  of  the  Confer- 
ence and  consequently  to  a  long  postponement  of  the 
objects  which  both  those  Avho  sunnnoned  it  and  those 
who  entered  it  had  directly  in  view. 

It  was  at  first  held  by  very  many  members  of  the  Con- 


488        GENERAL    REPUitT   OF   THE    COMMISSION 

ference  that  under  the  proper  applicatio]i  of  the  above 
rule,  the  proposal  made  by  the  American  Comiui.ssion 
could  not  be  received.  It  required  much  and  earnest 
argument  on  our  part  to  change  this  view,  but  finally 
the  ■Memorial  from  our  Commission,  -which  stated  fully  tlie 
historical  and  actual  relation  of  the  United  States  to  the 
whole  subject,  was  received,  referred  to  the  appropriate 
committee,  and  finally  brought  b}'  it  before  the  Con- 
ference. 

In  that  body  it  was  listened  to  with  close  attention  and 
the  speech  of  the  Chairman  of  the  Committee,  who  is  the 
eminent  President  of  the  Venezuelan  Arbitration  Tribu- 
nal now  in  session  at  Paris,  paid  a  hearty  tribute  to  the 
historical  adhesion  of  the  United  States  to  the  great 
principle  concerned.  He  then  moved  that  the  subject  be 
referred  to  a  future  Conference.  This  motion  Ave  ac- 
cepted and  seconded,  taking  occasion  in  doing  so  to  restate 
the  American  doctrine  on  the  subject,  with  its  claims  on 
all  the  nations  represented  at  the  Conference, 

The  Commission  was  thus,  as  we  believe,  faithful  to  one 
of  the  oldest  of  American  traditions,  and  was  able  at  least 
to  keep  the  subject  before  the  world.  The  way  is  paved 
also  for  a  future  careful  consideration  of  the  subject  in 
all  its  bearings  and  under  more  propitious  circumstances. 

The  conclusions  of  the  Peace  Conference  at  The  Hague 
took  complete  and  definite  shape  in  the  final  act  laid  be- 
fore the  Delegates  on  July  29th,  for  their  signature. 
This  Act  embodied  three  Conventions,  three  Declarations, 
and  seven  Resolutions  as  follows  :  — 

First,  a  Convention  for  the  peaceful  adjustment  of  inter- 
national differences.  This  was  signed  by  sixteen  Delega- 
tions, including  that  of  the  United  States  of  x\merica,  there 
being  adjoined  to  our  signatures  a  reference  to  our  declara- 
tion above  referred  to,  made  in  open  Conference  on  July 
25,  and  recorded  in  the  proceedings  of  that  day. 


GENERAL   REPORT  OF   THE   COMMISSION       489 

Second,  a  Convention  concerning  tlie  laws  and  customs 
of  war  on  land.  This  was  signed  by  fifteen  Delegations. 
The  United  States  Delegation  refer  the  matter  to  the  Gov- 
ernment at  Washington  with  the  recommendation  that  it 
be  there  signed. 

Third,  a  Convention  for  the  adaptation  to  maritime 
warfare  of  the  principles  of  the  (leneva  Conference  of 
1864.  This  was  signed  by  fifteen  Delegations.  The 
United  States  representatives  refer  it,  without  recommen- 
dation, to  the  Government  at  Washington. 

The  three  Declarations  were  as  follows  :  — 

First  :  a  Declaration  prohibiting  the  throwing  of  pro- 
jectiles and  explosives  from  balloons  or  by  other  new 
analogous  means,  such  prohibition  to  be  effective  during 
five  years.  This  was  signed  by  seventeen  Delegations  as 
follows  :  Belgium,  Denmark,  Spain,  The  United  States 
of  America,  Mexico,  France,  Greece,  Montenegro,  The 
Netherlands,  Persia,  Portugal,  Roumania,  Russia,  Siam, 
Sweden  and  Norway,  Turkey,  and  Ijulgaria. 

Second,  a  Declaration  prohibiting  the  use  of  projectiles 
having  as  their  sole  object  the  diffusion  of  asphyxiating 
or  deleterious  gases.  This,  for  reasons  given  in  the 
accom[)anying  documents,  the  American  Delegation  did 
not  sign.  It  was  signed  by  sixteen  Delegations  as  fol- 
lows :  Belgium,  Denmark,  Spain,  iNIexico,  France,  Greece, 
Montenegro,  The  Netherlands,  Persia,  Portugal,  Rou- 
mania, Russia,  Siam,  Sweden  and  Norwa}^' Turkey,  and 
Bulgaria. 

Third,  a  Declaration  prohibiting  the  use  of  bullets 
which  expand  or  flatten  easily  in  the  human  body,  as 
illustrated  by  certain  given  details  of  construction. 
This  for  technical  reasons,  also  fully  stated  in  the  report, 
the  American  Delegation  did  not  sign.  It  was  signed  by 
fifteen  Delegations  as  follows  :  Belgium,  Denmark,  Spain, 
Mexico,   France,    Greece,  Montenegro,  The  Netherlands, 


490        GENERAL    REPORT   OF   THE    COMMISSION 

Persia,    Ivoviinania,   Russia,   Siam,    Sweden    and    Norway, 
Turkey,   and   Bulgaria. 

The  seven  Resolutions  were  as  follows  :  — 

First,  a  Resolution  that  the  limitation  of  the  military 
charges  which  at  })resent  so  oppress  the  world  is  greatly 
to  be  desired,  for  the  increase  of  the  material  and  moi-al 
welfare  of  mankind. 

This  ended  the  action  of  the  Conference  in  relation  to 
matters  considered  by  it  upon  their  merits.  In  addition 
the  Conference  passed  the  following  Resolutions,  for  all 
of  which  the  United  States  Delegation  voted,  referring 
various  matters  to  the  consideration  of  the  Powers  or  to 
future  Conferences.  Upon  the  last  five  resolutions  a  few 
powers  abstained  from  voting. 

The  Second  Resolution  was  as  follows  :  The  Conference 
taking  into  consideration  the  preliminary  steps  taken  by 
the  federal  government  of  Switzerland  for  the  revision  of 
the  Convention  of  Geneva,  expresses  the  wish  that  there 
should  be  in  a  short  time  a  meeting  of  a  special  confer- 
ence having  for  its  object  the  revision  of  that  Convention. 

This  Resolution  was  voted  unanimously. 

Third  :  The  Conference  expresses  the  wish  that  the 
question  of  rights  and  duties  of  neutrals  should  be  con- 
sidered at  another  Conference. 

Fourth  :  The  Conference  expresses  the  wish  that  ques- 
tions relative  to  muskets  and  marine  artillery,  such  as 
have  been  examined  by  it,  should  be  made  the  subject  of 
study  on  the  part  of  the  governments  with  a  view  of 
arriving  at  an  agreement  concerning  the  adoption  of  new 
types  and  calibres. 

Fifth  :     The  Conference  expresses  the   wish    that    the 
governments,    taking    into    account    all   the    propositions' 
made  at  this  Conference,  should  study  the  possibility  of 
an  agreement  concerning  the  limitation  of  armed  forces 
on  land  and  sea  and  of  war  buderets. 


GENERAL   REPORT  OF   THE   COMMISSION       491 

Sixth  :  Tlie  Conference  expresses  tlic  wish  that  a 
proposition  liavhig  for  its  object  the  decLiration  of  im- 
munity of  private  property  in  war  on  the  higli  seas, 
should  be  referred  for  examination  to  another  Con- 
ference. 

Seventh  :  The  Conference  expresses  the  wish  that  the 
proposition  of  reguhiting  the  question  of  bombardment 
of  ports,  cities,  or  villages  by  a  naval  force,  should  be 
referred  for  examination  to  another  Conference. 

It  will  be  observed  that  the  conditions  upon  which 
Powers  not  represented  at  the  Conference  can  adhere  to 
the  Convention  for  the  Peaceful  Regulation  of  Inter- 
national Conflicts  is  to  "  form  the  subject  of  a  later  agree- 
ment between  the  Contracting  Powers."  This  provision 
reflects  the  outcome  of  a  three  days'  debate  in  the  Draft- 
ing Committee  as  to  whether  this  Convention  should  be 
absolutely  open,  or  open  only  Avith  the  consent  of  the 
Contracting  Powers.  England  and  Italy  strenuously 
supported  the  latter  view.  It  soon  became  apparent  that, 
under  the  guise  of  general  propositions,  the  Committee 
was  discussing  political  questions,  of  great  importance  at 
least  to  certain  Powers.  Under  these  circumstances  the 
representatives  of  the  United  States  took  no  part  in  the 
discussion,  but  supported  by  their  vote  the  view  that 
the  Convention,  in  its  nature,  involved  reciprocal  obliga- 
tions ;  and  also  tlie  conclusion  that  i)olitical  questions 
had  no  j^lace  in  the  Conference,  and  must  be  left  to  be 
decided  by  the  competent  authorities  of  the  Powers 
represented  there. 

It  is  to  be  regretted  that  this  action  excludes  from 
immediate  adherence  to  this  Convention  our  sister 
Republics  of  Central  and  Soutli  i\merica,  with  whom  the 
United  States  is  already  in  similar  relations  by  the  Pan- 
American  Treaty.  It  is  hoped  that  an  arrangement  will 
soon  be  made  which  Avill  enable  these  States,  if  they  so 


492        a  EX  ERA  L    REPORT   OF   THE    COMMISSION 

desire,  to  enter  into  the  same  relations  as  ourselves  with 
the  I'owers  re})resentc(l  at  the  Conference. 

This  report  should  not  be  closed  without  an  acknowd- 
edg'nient  of  the  great  and  constant  courtesy  of  the  Gov- 
ernment of  the  Netherlands  and  all  its  representatives  to 
the  American  Comnnssion  as  well  as  to  all  the  members 
of  the  Conference.  In  every  way  they  have  sought  to 
aid  us  in  our  work  and  to  make  our  stay  agreeable  to  us. 
The  accommodations  they  have  provided  for  the  Confer- 
ence have  enhanced  its  dignity  and  increased  its 
efficiency. 

It  may  also  be  well  to  put  on  record  that  from  the 
entire  Conference,  without  exception,  we  have  constantly 
received  marks  of  kindness,  and  that  although  so  many 
nations  with  different  interests  were  rej)resented,  there 
has  not  been  in  any  session,  whether  of  the  Conference  or 
of  any  of  the  committees  or  sub-committees,  anything 
other  than  calm  and  courteous  debate. 

The  text  of  tlie  Final  Act  of  the  various  Conventions 
and  Declarations  referred  to  therein,  is  appended  to  this 
report. 

All  of  which  is  most  respectfully  submitted  :  — 

Andrew  D.  White,  President. 

Seth  Low^ 

Stanford  Newel. 

A.  T.  Mahan. 

William  Crozier. 

Frederick  W.  Holls,  Secretary. 


GENERAL   REPORT  OF   THE    COM  Ml  SSI  n\        W.\ 

B.  REPORT  OF  CAPTAIN  MAHAN  TO  THE  UNITED 
STATES  COMMISSION  TO  THE  INTERNATIONAL 
CONFERENCE  AT  THE  HAGUE,  ON  DISARMA- 
MENT, ETC.,  AVITH  REFERENCE  TO  NAVIES 

The  Hague,  July  31,  1899. 
To     THE     COMMISSIOX     OF     THE      UxiTED      STATES      OF 

America    to     the     International     Conference 
AT  The  Hague 

Gentlemen:  —  I  beg  to  make  the  following  report 
concerning  the  deliberations  and  conclnsions  of  the  Peace 
Conference  on  the  questions  of  disarmament,  and  the 
limitations  to  be  placed  upon  the  development  of  the 
weapons  of  war,   so    far  as  navies  are   concerned. 

Three  questions  were  embraced  in  the  first  four  articles  of 
the  Russian  Letter  of  December  30,  1898,  and  were  by  the 
Conference  referred  to  a  Committee,  known  as  the  First 
Connnittee.  The  latter  was  divided  into  two  sub-com- 
mittees, which  dealt  with  Articles  2,  3,  and  4,  as  they 
touched  naval  or  military  subjects,  res])ectively.  The 
general  drift  of  these  three  Articles  was  to  suggest  limi- 
tations, present  and  prospective,  upon  the  development 
of  the  material  of  war,  either  by  increase  of  power,  and  of 
consequent  destructive  effect,  in  weapons  now  existing, 
or  by  new  inventions.  Article  1,  which  proposed  to 
place  limits  upon  the  augmentation  of  numbers  in  the 
personnel  of  armed  forces,  and  upon  increase  of  expendi- 
ture in  the  budgets,  was  reserved  for  the  subsequent  con- 
sideration of  the  full  Committee. 

As  regards  the  development  of  material,  in  the  direc- 
tion of  power  to  inflict  injury,  there  was  unanimous  assent 
to  the  proposition  that  injury  should  not  be  in  excess  of 
that  clearly  required  to  produce  decisive  results  ;  but  in 
tlie  attempt  to  specify  limitations  in  detail,  insurmount- 


494        GENERAL  REPORT  OF   THE   COMMISSION 

able  obstacles  were  encountered.  This  was  due,  partly 
to  an  apparent  failure,  beforehand,  to  give  to  the  problem 
submitted  that  "  etude  prealahle  technique,''''  a  wisli  for 
which,  expressed  by  the  Conference  to  the  Governments 
represented,  was  almost  the  only  tangible  result  of  the 
deliberations. 

Three  propositions  were,  however,  adopted  :  one,  unani- 
mously, forbidding,  during  a  term  of  five  years,  the  throw- 
ing of  projectiles,  or  explosives,  from  balloons,  or  by  other 
analogous  methods.  Of  the  two  others,  one,  forbidding 
the  use  of  projectiles  the  sole  purpose  of  which  was,  on 
bursting,  to  spread  asphyxiating  or  deleterious  gases, 
was  discussed  mainly  in  the  naval  sub-committee.  It 
received  in  that,  and  afterward  in  the  full  Committee,  the 
negative  vote  of  the  United  States  naval  delegate  alone, 
although  of  the  affirmative  votes  several  were  given  sub- 
ject to  unanimity  of  acceptance.  In  the  final  reference 
to  the  Conference,  in  full  session,  of  the  question  of  recom- 
mending the  adoption  of  such  a  prohibition,  the  Delega- 
tion of  Great  Britian  voted  "  No,"  as  did  that  of  the 
United  States. 

As  a  certain  disposition  has  been  observed  to  attach 
odium  to  the  view  adopted  by  this  Commission  in  this 
matter,  it  seems  proper  to  state,  fully  and  explicitly,  for 
the  information  of  the  Government,  that  on  the  first 
occasion  of  the  subject  arising  in  Sub-Committee,  and 
subsequently  at  various  times  in  full  Committee,  and 
before  the  Conference,  the  United  States  naval  delegate 
did  not  cast  his  vote  silently,  but  gave  the  reasons,  which 
at  his  demand  were  inserted  in  the  reports  of  the  day's 
proceedings.  These  reasons  were,  briefly  :  1.  That  no 
shell  emitting  such  gases  is  as  yet  in  practical  use,  or  has 
undergone  adequate  experiment ;  consequently,  a  vote 
taken  now  would  be  taken  in  ignorance  of  the  facts  as  to 
whether  the  results  would  be  of  a  decisive  character,  or 


GENERAL   REPORT  OF   THE   COMMISSION        495 

whether  injury  in  excess  of  that  necessary  to  attain  the 
end  of  warfare,  the  immediate  disabling  of  the  enemy, 
woukl  be  inflicted.  2.  That  the  reproach  of  cruelty  and 
perfidy,  addressed  against  these  supposed  shells,  was 
equally  uttered  formerly  against  tire-arms  and  torpedoes, 
both  of  which  are  now  employed  without  scruple.  Until 
we  knew  the  effects  of  such  asphyxiating  shells,  there  was 
no  saying  whether  they  would  be  more  or  less  merciful 
than  missiles  now  permitted.  3.  That  it  was  illogical, 
and  not  demonstrably  humane,  to  be  tender  about  asphyx- 
iating men  with  gas,  when  all  were  prepared  to  admit 
that  it  was  allowable  to  blow  the  bottom  out  of  an  iron- 
clad at  midnight,  throwing  four  or  five  hundred  into  the 
sea,  to  be  choked  by  water,  with  scarcely  the  remotest 
chance  of  escape.  If,  and  when,  a  shell  emitting  asphj^xi- 
ating  gases  alone  has  been  successfully  produced,  then, 
and  not  before,  men  will  be  able  to  vote  intelligently  on 
the  subject. 

The  question  of  limiting  armaments  and  budgets,  mili- 
tary and  naval,  likewise  resulted  in  failure  to  reach  an 
agreement,  owing  to  the  extensive  and  complicated  con- 
siderations involved.  A  general  wish  was  emitted  that 
the  subject  in  its  various  relations  might  in  the  future 
receive  an  attentive  study  on  the  part  of  the  various 
Governments  :  and  there  was  adopted  without  dissent  a 
resolution  proposed  in  the  First  Committee,  in  full  session, 
by  M.  Bourgeois,  the  First  Delegate  of  France,  as  follows  : 
"  The  Committee  consider  that  the  limitation  of  the  mili- 
tary expenditures  which  now  weigh  upon  the  world  is 
greatly  to  be  desired,  for  the  increase  of  the  moral  and 
material  Avelfare  of  humanity."  This  sentiment  received 
the  assent  of  the  Conference  also. 

The  military  and  naval  delegates  of  the  United  States 
Commission  bore  a  part  in  all  the  proceedings  in  Sub-  and 
Full  Committee  ;  but,  while  joining  freely  in  the  discus- 


496        GENERAL   HE  POUT   OF   THE    COMMISSION 

sion  of  questions  relating  to  the  development  of  material, 
reserve  was  maintained  in  treating  the  subject  of  disarma- 
ment and  of  limitation  of  budgets,  as  being  more  properly 
of  Euro})ean  concern  alone.  To  avoid  the  possibility  of 
misapprehension  of  the  position  of  the  United  States  on 
this  matter,  the  following  statement,  drawn  u})  by  the 
Commission,  was  read  at  the  final  meeting  of  the  First 
Committee,  Jul}^  17,  when  the  report  to  be  presented  to 
the  Conference  was  under  consideration  :  — 

"  The  Delegation  of  the  United  States  of  America  have 
concurred  in  the  conclusions  upon  the  first  clause  of 
the  Russian  Letter  of  December  80,  1898,  presented  to  the 
Conference  by  the  First  Commission,  namely :  that 
the  proposals  of  the  Russian  representatives,  for  fixing  the 
amounts  of  effective  forces  and  of  budgets,  militarj^  and 
naval,  for  periods  of  five  and  three  3'ears,  cannot  now  be 
accepted,  and  that  a  more  profound  study  on  the  part  of 
each  State  concerned  is  to  be  desired.  But,  while  thus 
supporting  what  seemed  to  be  the  only  practicable  solu- 
tion of  a  question  submitted  to  the  Conference  by  the 
Russian  letter,  the  Delegation  wishes  to  place  upon  the 
Record  that  the  United  States,  in  so  doing,  does  not 
express  any  opinion  as  to  the  course  to  be  taken  by  the 
States  of  Europe. 

"  This  declaration  is  not  meant  to  indicate  mere  indiffer- 
ence to  a  difficult  problem,  because  it  does  not  affect  the 
United  States  immediately,  but  expresses  a  determination 
to  refrain  from  enunciating  opinions  upon  matters  into 
wliich,  as  concerning  Europe  alone,  the  United  States  has 
no  claim  to  enter.  The  words  drawn  up  by  M.  Bour- 
geois, and  adopted  by  the  First  Commission,  received  also 
the  hearty  concurrence  of  this  Delegation  because,  in  so 
doing,  it  expresses  the  cordial  interest  and  sympathy  with 
which  the  United  States,  while  carefully  abstaining  from 
anything   that    might    resemble   interference,   regards   all 


GENERAL   UEPOItT   OF   THE    CuMMISSIOX        41)7 

movements  tliat  are  thought  to  tend  to  the  welfare  of 
Europe.  The  military  and  naval  armaments  of  the 
United  States  are  at  present  so  small,  relatively,  to  the 
extent  of  territory  and  to  the  nundjer  of  the  population, 
as  Avell  as  in  eom[)arison  with  those  of  other  nations,  that 
their  size  can  entail  no  additional  burden  of  expense  upon 
the  latter,  nor  can  even  form  a  subject  for  profitable 
mutual  discussion." 
I  have  the  honor  to  be 

Your  obedient  servant, 

A.  T.  Mahan, 
Captain  U.  S.  Navy  and  Delegate. 


C.    REPOET  OF  CAPTAIX  MAHAX   TO  THE  U:J^ITED 

STATES   COMMISSION   TO   THE   INTERNATIONAL 

CONFERENCE  AT  THE  HAGUE,  REGARDING  THE 

WORK    OF    THE    SECOND    COMMITTEE    OF    THE 

CONFERENCE 

The  Hague,  July  31,  1899. 

To  THE  Commission  op  the  United  States  of 
Ameuica  to  the  International  Conference  at 
The  Hague 

Grentlemen:  —  I  have  tlie  honor  to  submit  to  the  Com- 
mission the  following  report,  which  I  believe  to  be  in 
sufficient  detail,  of  the  general  proceedings,  and  of  the 
conclusions  reached  by  the  Second  Committee  of  the  Con- 
ference, in  relation  to  Articles  5  and  (5  of  the  Russian 
Circular  Letter  of  December  30,  1898. 

In  the  original  distribution  of  labor  of  the  Conference, 
Articles  5,  6,  and  7,  of  the  said  letter,  were  attributed  to 
the  Second  Committee.  The  latter  was  divided  into  two 
Sub-Committees,  to  one  of  which  was  assigned  the  Arti- 
cles 5  and  6,  as  both  related  to  naval  nnitters.  Of  this 
2k 


498        GENERAL   REPORT  OF   THE   COMMISSION 

Sub-Coniniitt('(!  I  was  a  meinl)er,  and  it  has  fallen  to  me 
especially,  among  the  United  States  Delegates,  to  follow 
the  fortunes  of  the  two  articles  named  in  their  progress 
through  the  Sub-Committee,  and  through  the  full  Com- 
mittee ;  hut  not  through  the  smaller  special  Committee, 
the  Comite  de  Redaction,  to  which  the  Sub-Committee 
intrusted  the  formulation  of  its  views.  Of  that  Comite 
de  Redaction  I  was  not  a  member. 
These  two  articles  are  as  follows  :  — 

5.  Adaptation  to  naval  wars  of  the  stipulations  of  the 
Geneva  Convention  of  18G4,  on  the  base  of  the  Additional 
Articles  of  1868. 

6.  Neutralization,  for  tlie  same  reason,  of  boats  or 
launches  employed  in  the  rescue  of  the  shipwrecked  dur- 
ing or  after  naval  battles. 

The  general  desirability  of  giving  to  hospital  vessels 
the  utmost  immunity,  consistent  with  the  vigorous  prose- 
cution of  war,  was  generally  conceded,  and  met,  in  fact, 
Avith  no  opposition  ;  but  it  was  justly  remarked  at  the  out- 
set, that  measures  must  be  taken  to  put  under  efficient 
control  of  the  belligerents  all  hospital  ships  fitted  out  by 
private  benevolence,  or  by  neutrals,  whether  associations 
or  individuals.  It  is  evident  tliat  unless  such  control  is 
explicitly  affirmed,  and  unless  tlie  various  cases  that 
may  arise,  in  wliicli  it  may  be  needed,  are,  as  far  as 
possible,  foreseen  and  provided  for,  incidents  may  well 
occur  which  will  Ijring  into  inevitable  discredit  the  whole 
system  of  neutral  vessels,  hospital  or  others,  devoted  to 
the  benevolent  assistance  of  the  sufferers  in  war. 

The  first  suggestion,  offered  almost  immediately,  was 
that  the  simplest  method  of  avoiding  sucli  inconvenience 
would  be  for  the  said  neutral  vessels,  being  engaged  in 
service  identical  with  that  of  belligerent  hospital  vessels 
to  which  it  was  proposed  to  extend  the  utmost  possible 
immunity,  should  frankly  enter  the  belligerent  service  by 


GENERAL   REPORT  OF   THE    CO.^fMISSIOX       499 

hoisting  the  flag  of  the  belligerent  to  whieh  it  offered- 
its  services.  This  being  permitted  by  general  consent, 
and  for  purposes  purely  humanitarian,  would  constitute  no 
breach  of  neutrality,  while  the  control  of  either  belliger- 
ent, Avhen  in  presence,  could  be  exercised  without  rais- 
ing those  vexed  questions  of  neutral  rights  which  the  ex- 
perience of  maritime  warfare  shows  to  be  among  the  most 
difficult  and  delicate  problems  that  belligerents  have  to 
encounter. 

This  proposition  was  supported  by  me,  as  being  the 
surest  mode  of  avoiding  difficulties  easy  to  be  foreseen, 
and  which  in  my  judgment  are  wholly  unprovided  for  by 
the  articles  adopted  by  the  Conference.  The  neutral  ship 
is,  by  common  consent,  permitted  to  identify  itself  with 
the  belligerent  and  his  operations  for  certain  laudable  pur- 
poses :  why  not  for  the  time  assume  the  belligerent's  flag  ? 
The  reasoning  of  the  opposition  was  that  such  vessels 
should  be  considered  in  the  same  light  as  national  vessels, 
and  that  to  require  them  to  hoist  a  foreign  flag  would  be 
derogator}'  Qjorferait  atteinte)  to  the  sovereignty  of  the 
State  to  which  they  belonged.      This  view  jirevailed. 

The  first  three  meetings  of  the  Sub-Committee,  May  25, 
30,  and  June  1,  were  occupied  in  a  general  discussion  of 
the  Additional  Articles  of  1868,  suggested  by  the  Russian 
letter  of  December  30,  1898,  as  the  basis  of  the  adaptation 
to  naval  wars  of  the  Geneva  Convention  of  1864.  In  this  dis- 
cussion was  also  embraced  Article  6  of  the  Russian  letter, 
relating  to  the  neutralization  of  boats  engaged  in  rescuing 
the  shipwrecked  Qnauf rages),  that  is,  men  overboard  for 
any  cause  during,  or  after,  naval  battles. 

At  the  close  of  the  second  meeting  it  was  decided  that 
the  president  of  the  Sub-Committee  should  appoint  the 
Comite  de  Redaction  before  mentioned.  As  linally  con- 
stituted, this  Comite  de  Redaction  contained  a  representa- 
tive from  Creat  Britain,  from  Germany,  from  Russia,  and 


500        GENERAL   REPORT  OF   THE   COMMISSION 

from  France.  At  the  close  of  its  third  session  the  Sub-Com- 
mittee was  adjourned  to  await  the  report  of  the  Comite  de 
Redaction.  It  again  assembled  and  received  the  report  of 
June  13  ;  this  being  the  fourth  meeting  of  the  Sub-Com- 
mittee. 

Tlie  Comite  de  Redaction  embodied  in  ten  articles  the 
conclusions  of  the  Sub-Committee.  The  articles  were  jire- 
ceded  by  a  lucid  or  comprehensive  report,  the  work  chiefly 
of  AI.  Renault,  the  French  member  of  the  Comite  de  Re- 
daction. This  report  embraces  the  reasoning  upon  which 
the  adoption  of  the  articles  is  supported.  A  copy  of  the 
report  and  of  the  articles  (marked  A)  accompanies  this 
letter. 

Upon  receiving  the  report  and  the  articles,  I  pointed 
out  to  one  of  the  members  of  the  Comite  de  Redaction, 
that  no  adequate  provision  was  made  to  meet  the  case  of 
men  who,  by  accident  connected  with  a  naval  engagement, 
such,  for  instance,  as  the  sinking  of  their  ship,  were  picked 
up  by  a  neutral  vessel.  The  omission  was  one  likely  to 
occur  to  an  American,  old  enough  to  remember  the  very 
concrete  and  pertinent  instance  of  the  British  yacht  Deer- 
liound  saving  the  men  of  the  Alabama.,  including  her 
captain,  who  were  then  held  to  be  under  the  protection  of-^ 
the  neutral  flag.  It  requires  no  flight  of  imagination  to 
realize  that  a  hostile  commander-in-chief,  whom  it  has 
always  been  a  chief  object  of  naval  warfare  to  capture,  as 
well  as  other  valuable  officers,  might  thus  escape  the  hands 
of  a  victor. 

At  the  meeting  of  the  Sub-Committee  on  June  16, 
I  drew  attention  to  this  omission  when  the  vote  was 
reached  on  Article  6,  which  provides  that  neutral  vessels 
of  various  classes,  carrying  sick,  wounded,  or  shipwrecked 
(naufrages^  belligerents,  cannot  be  captured  for  the  mere 
fact  of  this  transportation  ;  but  that  they  do  remain 
exposed  to  capture  for  violation  of  neutrality  which  they 


GENERAL   REPORT  OF   THE    COMMISSION       501 

may  liave  ooinmitted.  I  had  then  —  unaccountably  now 
to  myself  —  overlooked  tlie  fact  that  there  Avas  an  equal 
lack  of  satisfactory  provision  in  the  case  of  the  hospital 
ships  under  neutral  flags,  whose  presence  on  a  scene  of 
naval  warfare  is  contemplated  and  authorized  by  Article  3. 
It  was  agreed  that  I  should  appear  before  the  ComitS 
de  Redaction^  prior  to  their  final  revision  of  the  report 
and  articles.  This  I  did  ;  but  after  two  hours,  more  or 
less,  of  discussion,  I  failed  to  obtain  any  modification  in 
the  report  or  the  articles.  When,  therefore,  on  the  15th 
of  June,  the  matter  came  before  the  full  Second  Com- 
mission, I  contented  myself  —  as  the  articles  were  voted 
only  ad  referendum  —  subject  to  the  approval  of  the 
Governments  —  with  registering  our  regret  that  no  suitable 
provision  of  the  kind  advocated  had  been  made. 

The  matter  was  yet  to  come  before  the  full  Committee. 
Before  it  did  so,  I  had  recognized  that  the  difficulty  I  had 
noted  concerning  neutral  vessels  other  than  hospital  ships 
might  arise  equally  as  regards  the  latter,  the  presence  of 
which  was  contemplated  and  authorized,  whereas  that 
of  other  neutral  ships  might  very  well  be  merely  acci- 
dental. I  accordingly  drew  up  and  submitted  to  the  United 
States  (commission,  three  additional  articles,  preceding 
these  with  a  brief  summary  of  the  conditions  which  might 
readily  occasion  the  contingency  against  which  I  sought 
to  provide.  This  paper  (annexed  and  marked  B)  having 
received  the  approval  of  the  Delegation,  was  read,  and  the 
articles  submitted  to  the  Second  Committee  in  a  full  ses- 
sion, held  June  20,  immediately  prior  to  the  session  of 
the  Conference,  at  4  p.m.  the  same  day,  to  ratify  the 
work  of  the  Committee.  The  three  additional  articles 
were  referred  to  the  Comite  de  Redaction  with  instruc- 
tions to  report  to  the  full  Committee.  The  ten  articles 
were  then  reported  to  the  Conference  and  passed  without 
opposition,  under  the  reserve  that  the  articles  submitted 


502        GENERAL   REPORT  OF   THE    COMMISSION 

by  the  United  States  Delegation  were  still  to  be 
considered. 

Here  matters  rested  for  some  time,  owing,  as  I  under- 
stand, to  certain  doubtful  points  arising  in  connection 
with  the  three  proposed  articles,  which  necessitated  refer- 
ence to  home  governments  by  one  or  more  of  the  delega- 
tions. Finally,  I  was  informed  that  not  only  was  there 
no  possibility  of  a  favorable  report,  nor,  consequently,  of 
the  three  proposed  articles  passing,  but  also  that,  if 
pressed  to  a  full  discussion,  there  could  scarcely  fail  to  be 
developed  such  difference  of  opinion  upon  the  construc- 
tion of  the  ten  articles  already  adopted  as  would  imperil 
the  unanimity  with  which  they  had  before  been  received. 
This  information  was  conveyed  by  me  to  the  United 
States  Commission,  and  after  full  consideration  I  was  by 
it  instructed  to  withdraw  the  articles.  This  was  accord- 
ingly done  immediately  by  letter,  on  July  18,  to  Vice- 
Admiral  Sir  John  Fisher,  Chairman  of  the  Comite  de 
Redaction,  and  through  him  to  the  President  of  the 
Second  Commission. 

At  the  subsequent  meeting  of  the  full  Conference,  July 
20,  the  withdrawal  being  communicated  by  the  Presi- 
dent of  the  Second  Committee,  it  Avas  explained  that  this 
Commission,  while  accepting  the  ten  Articles,  and  with- 
drawing its  own  suggested  additions,  must  be  understood 
to  do  so,  not  because  of  any  change  of  opinion  as  to  the 
necessity  of  the  latter,  but  in  order  to  facilitate  the  con- 
clusion of  the  labors  of  the  Conference  ;  that  the  Com- 
mission were  so  seriously  impressed  with  the  defects  of 
the  ten  Articles,  in  the  respects  indicated,  that  it  could 
sign  them  only  with  the  most  explicit  understanding  that 
the  doubts  expressed  before  the  Second  Committee  would 
be  fully  conveyed  to  the  United  States  Government,  and 
the  liberty  of  action  of  the  latter  wholly  reserved,  as  to 
accepting  the  ten  Articles. 


GENERAL    HE  PORT  OF   THE    COMMISSION       503 

By  this  course  the  ten  Articles,  which  else  might  ulti- 
mately have  failed  of  unanimous  adoption,  have  been  pre- 
served intact,  with  several  valuable  stipulations  embodied 
in  them.  But  wliile  there  is  much  that  is  valuable,  it 
seems  necessary  to  point  out  to  the  Commission  that  to 
the  hospital  ships  under  neutral  flags,  mentioned  in  Arti- 
cle 3,  and  to  neutral  vessels  in  certain  emplo3nnents,  under 
Article  6,  are  conceded  a  status  and  immunities  hitherto 
unknown.  While  this  is  the  case,  there  is  not,  in  my 
opinion,  in  the  Articles  any  clear  and  adequate  provision 
to  meet  such  cases  as  were  meant  to  be  met  by  the  three 
Articles  proposed  by  the  Commission,  and  which  are  per- 
fectly conceivable  and  possible.  Upon  reflection  I  am 
satisfied  that  no  necessity  exists  for  the  authorization  of 
hospital  vessels  under  a  neutral  flag  upon  the  scene  of 
naval  war,  and  that  the  adhesion  of  our  Government  to 
such  a  scheme  may  be  withheld  without  injury  to  any 
one.  As  regards  Article  6,  conceding  immunities  hereto- 
fore not  allowed  to  neutral  vessels  —  for  the  transport  of 
belligerents  has  heretofore  been  a  violation  of  neutrality, 
without  reservation  in  favor  of  the  sick  and  wounded 
—  it  appears  to  me  objectionable  and  premature,  unless 
accompanied  by  reservations  in  favor  of  the  belligerent 
rights  of  capture  and  recapture.  These  the  Articles  fail 
to  provide  explicitly.  For  these  reasons  it  is  my  per- 
sonal opinion  that  Articles  3  and  6  should  not  be  accepted 
by  the  Government  of  the  United  States.  If  the  Delega- 
tion concur  in  this  view,  I  recommend  that  such  opinion 
be  expressed  in  the  general  report. 

I  have  the  honor  to  be 

Your  obedient  servant, 

A.  T.  Mahan, 
Captain  U.  S.  Navy  and  Delegate. 


504        GENERAL   REPORT  OF  THE    COMMISSION 

PAPER  READ  BY  CAPTAIN  MAHAN  BEFORE  THE 
SECOND  COMMITTEE  OF  THE  PEACE  CONFER- 
ENCE  ON   JUNE   20,   1899 

It  is  known  to  the  members  of  the  Sub-Committee,  by 
which  these  Articles  were  accepted,  that  I  have  heretofore 
stated  that  there  was  an  important  omission,  which  I 
desired  to  rectify  in  an  additional  article  or  articles.  The 
omission  was  to  provide  against  the  case  of  a  neutral  vessel, 
such  as  is  mentioned  in  Article  6,  picking  up  naufrages 
on  the  scene  of  a  naval  battle,  and  carrying  them  away, 
either  accidentally  or  intentionally.  What,  I  asked,  is 
the  status  of  such  comhattants  nauf rages? 

]\Iy  attention  being  absorbed  by  the  case  of  vessels 
under  Article  6,  it  was  not  until  last  night  that  I  noticed 
that  there  was  equally  an  omission  to  provide  for  the 
status  of  comhattants  naufrages^  picked  u]3  by  hospital 
ships.  In  order  that  non-professional  men,  men  not 
naval  officers,  may  certainly  comprehend  this  point,  allow 
me  to  develop  it.  On  a  field  of  naval  battle  the  ships  are 
constantly  in  movement ;  not  merely  the  movement  of  a 
land  battle,  but  a  movement  of  progress,  of  translation 
from  place  to  place  more  or  less  rapid.  The  scene  is  here 
one  moment ;  a  half-hour  later  it  may  be  five  miles  dis- 
tant. In  such  a  battle  it  happens  that  a  ship  sinks  ;  her 
crew  become  naufrages ;  the  place  of  action  shifts;  it  is 
no  longer  where  these  men  are  struggling  for  life  ;  the 
light  cruisers  of  their  own  side  come  to  help,  but  they  are 
not  enough ;  the  hospital  ships  with  neutral  flag  come  to 
help ;  neutral  ships  other  than  hospital  also  arrive  ;  a  cer- 
tain number  of  comhattants  naufrages  are  saved  on  board 
neutral  ships.  To  which  belligerent  do  these  men  belong? 
It  may  happen  that  the  neutral  vessel,  hospital  or  other- 
wise, has  been  with  the  fleet  opposed  to  the  sunken  ship. 


GENERAL   REPORT  OF   THE   COMMISSION        505 

After  fulfilling  her  work  of  mercy,  she  naturally  returns 
to  that  fleet.  The  comhattants  naufrages  fall  into  the 
power  of  the  enemy,  altliough  it  is  quite  probable  that 
the  fleet  to  which  they  belong  may  have  had  the  ad- 
vantage. 

I  maintain  that  unless  some  provision  is  made  to  meet 
this  difficulty,  much  recrimination  will  arise.  A  few 
private  seamen,  more  or  less,  a  few  sub-oliicers,  may  not 
matter,  but  it  is  possible  that  a  distinguished  general 
officer,  or  valuable  officers  of  lower  grade  may  be  affected. 
This  will  tend  to  bring  into  discredit  the  whole  system 
for  hospital  ships  ;  but  further,  while  hospital  ships, 
being  regularly  commissioned  by  their  own  Government, 
may  be  supposed  to  act  with  perfect  impartiality,  such 
presupposition  is  not  permissible  in  the  case  of  vessels 
named  in  Article  6.  Unless  the  status  of  coynhattants  7iau- 
frages  saved  by  them  is  defined,  the  grossest  irregulari- 
ties may  be  expected  —  the  notoriety  of  which  will  fully 
repay  the  class  of  men  who  would  perpetrate  them. 

As  many  cases  may  arise,  all  of  which  it  is  impossible 
to  meet  specifically,  I  propose  the  following  additional 
articles  based  upon  the  single  general  principle  that  com- 
hattants naufrages^  being  ipso  facto  combatants  hors  de 
combat,  are  incapable  of  serving  again  during  the  war, 
unless  recaptured  or  until  duly  exchanged. 

ADDITIONAL  ARTICLES  PROPOSED  BY  CAPTAIN  MAHAN 

1.  In  the  case  of  neutral  vessels  of  any  kind,  hospital 
ships  or  others,  being  on  the  scene  of  a  naval  engagement, 
which  may,  as  an  act  of  humanity,  save  men  in  peril  of 
drowning,  from  the  results  of  the  engagement,  such  neutral 
vessels  shall  not  be  considered  as  having  violated  their 
neutrality  by  that  fact  alone.  They  will,  however,  in  so 
doing,  act  at  their  own  risk  and  peril. 


50G        GENERAL   RE  PORT   OE   THE    COMMISSION 

2.  Men  tlius  rescued  shall  not  be  considered  under  the 
cover  of  the  neutral  flag,  in  case  a  demand  for  their  sur- 
render is  by  a  ship  of  war  of  either  belligerent.  They 
are  open  thus  to  capture,  or  to  recapture.  If  such  de- 
mand is  made,  the  men  so  rescued  must  be  given  up,  and 
shall  then  have  the  same  status  as  though  they  had  not 
been  under  a  neutral  flag. 

3.  In  case  no  such  demand  is  made  by  a  belligerent 
ship,  the  men  so  rescued,  having  been  delivered  from  the 
consequences  of  the  figlit  by  neutral  interposition,  are  to 
be  considered  hors  de  combat,  not  to  serve  for  the  rest  of 
the  war,  unless  duly  exchanged.  The  Contracting  Gov- 
ernments engage  to  prevent,  as  far  as  possible,  such  j)er- 
sons  from  serving:  until  discharsfed. 


D.  REPORT  OF  CAPTAIN  CROZIER  TO  THE  COM- 
MISSION OF  THE  UNITED  STATES  OF  AMERICA 
TO  THE  INTERNATIONAL  CONFERENCE  AT  THE 
HAGUE,  REGARDING  THE  WORK  OF  THE  FIRST 
COMMITTEE  OF  THE  CONFERENCE  AND  ITS 
SUB-COMMITTEE 

The  Hague,  July  31,  1899. 

The  Co:MMrssiox  of  the  United  States  of  Amer- 
ica TO  the  International  Conference  at  The 
Hague 

Gentlemen: — I  have  the  honor  of  submitting  a  resume 
of  the  work  of  the  First  Committee  of  the  Conference 
and  of  its  First  Sub-Committee,  which  was  the  military 
subdivision,  concerning  the  following  subjects,  which 
are  mentioned  in  the  second  and  third  numbered  articles 
of  the  circular  of  Count  Mouravieff  of  December 
30,  1898  (January  11,  1899),  namely  :  powders,  ex- 
plosives,   field   guns,    balloons,    and    muskets ;     also    the 


GENERAL   REPOIIT   OF   THE   COMMISSION        507 

subject  of  bullets  which,  although  uot  mentioned  in 
either  of  the  above  designated  articles  of  Count  IMoura- 
vieff's  circular,  were  considered  by  this  Committee,  not- 
withstanding that  it  would  have  appeared  more  logical  to 
consider  them  under  the  seventh  numbered  article  of 
the  circular,  referring  to  the  declaration  concerning  the 
laws  and  customs  of  war  made  by  the  Brussels  Confer- 
ence in  1874. 

The  Russian  representative  on  the  First  Committee 
Avas  Colonel  Gilinsky,  and  the  propositions  for  discussion 
were  for  the  most  part  presented  by  him  in  the  name  of 
the  Russian  Government,  and  upon  him  generally  de- 
volved the  duty  of  explaining  the  proposals  and  of  sup- 
porting them  in  the  first  instance. 

POWDERS 

By  this  term  was  meant  the  propelling  charge  of  pro- 
jectiles, as  distinguished  from  the  bursting  charge.  The 
proposition  presented  was  that  which  is  contained  in  the 
second  article  of  the  circular,  namely  :  an  agreement  not 
to  make  use  of  any  more  powerful  })ow'ders  than  those 
now  employed,  both  for  field  guns  and  muskets.  There 
was  little  discussion  on  the  proposition  ;  in  fact,  the 
remarks  of  the  United  States  Delegate  were  the  only  ones 
made  upon  the  subject,  and  the  proposition  was  unani- 
mously rejected. 

EXPLOSIVES 

By  this  term  was  meant  the  bursting  charges  of  pro- 
jectiles. Two  propositions  were  made.  The  first  Avas 
not  to  make  use  of  mining  shells  (obus  brisants  on  d 
fougasses)  for  field  artillery.  After  a  short  discussion 
the  proposition  was  decided  in  the  negative  by  a  vote  of 
eleven  to  ten.     The  second  proposition  was  not  to  make 


508        GENERAL    REPORT   OF   THE    COMMISSION 

use  of  any  new  explosives,  or  of  any  of  the  class  known 
as  high  explosives  for  the  bursting  charges  of  projectiles. 
This  proposition  was  also,  after  a  short  discussion,  lost 
by  a  vote  of  twelve  to  nine. 


FIELD    GUNS 

The  proposition  on  this  subject  was  for  the  Powers  to 
agree  that  no  field  material  should  be  adopted  of  a  model 
superior  to  the  best  material  now  in  use  in  any  country, 
—  those  countries  having  inferior  material  to  the  best  now 
in  use  to  have  the  privilege  of  adopting  such  best  mate- 
rial. During  the  discussion,  which  was  extended  to  some 
length,  the  question  divided  itself  into  two  parts,  and  two 
votes  were  taken  upon  it.  The  first  was  as  to  whether,  in 
case  improvements  in  field  artiller}"  should  be  forbidden, 
this  interdiction  should  nevertheless  permit  everybody  to 
adopt  the  most  perfect  material  now  in  use  anywhere.  The 
vote  upon  this  question  was  so  accompanied  by  reserva- 
tions and  explanations,  that  it  was  impossible  to  state 
what  the  result  of  it  was,  —  the  only  thing  evident  being 
that  the  question  was  not  entirely  understood  by  the  vot- 
ing delegates.  Consequently,  a  second  vote  was  taken 
upon  the  question  whether  the  Powers  should  agree  not 
to  make  use,  for  a  fixed  period,  of  any  new  invention  in 
field  artillery.  This  question  was  decided  in  the  negative 
by  a  unanimous  vote,  with  the  exception  of  Russia  and 
Bulgaria,  which  abstained  from  voting.  The  Russian 
Delegate,  at  a  later  period,  explained  that  his  abstention 
was  due  to  the  fact  that  the  question  had  taken  such  a  form 
that  its  decision  in  the  affirmative  would  have  prevented 
the  adoption  of  rapid  fire  field  guns,  which,  in  the  view 
that  these  were  of  an  existing  type,  he  desired  to  retain 
for  his  Government  the  privilege  of  adopting. 


GENERAL   REPORT  OF   THE    COMMISSION       509 

BALLOONS 

The  Sub-Committee  first  voted  a  perpetual  proliil)ition 
of  the  use  of  ))anoons  or  siniihir  new  machines  for  throw- 
ing projectiles  or  explosives.  In  the  full  Committee,  this 
subject  was  brouglit  up  for  reconsideration  by  the  United 
States  Delegate  and  the  prohibition  was,  by  unanimous 
vote,  limited  to  cover  a  period  of  live  years  only.  The 
action  taken  was  for  humanitarian  reasons  alone,  and  was 
founded  upon  the  opinion  that  balloons,  as  they  now  exist, 
form  such  an  uncertain  means  of  injury  that  they  cannot 
be  used  with  any  accuracy  ;  that  the  persons  or  objects 
injured  by  throwing  explosives  from  them  may  be  entirely 
disconnected  from  any  conflict  which  may  be  in  process, 
and  such  tliat  their  injury  or  destruction  would  be  of  no 
practical  advantage  to  the  party  making  use  of  tlie 
machines.  The  limitation  of  the  interdiction  of  five 
years'  operation  preserves  liberty  of  action  under  changed 
circumstances  which  may  be  produced  by  the  progress 
of  invention. 

MUSKETS 

The  proposition  presented  under  this  head  was  that  no 
Power  should  change  their  existing  type  of  small  arm. 
It  Avill  be  observed  that  this  proposition  differed  from 
that  in  regard  to  field  guns,  which  permitted  all  Powers 
to  adopt  the  most  perfect  material  now  in  existence,  — 
the  reason  for  the  difference  being  explained  by  the  Rus- 
sian delegate  to  be  that,  whereas  there  was  a  great  differ- 
ence in  the  excellence  of  field  artillery  material  in  use  in 
different  countries,  they  have  all  adopted  substantially 
the  same  musket,  and  being  on  an  equal  footing,  the  pres- 
ent would  be  a  good  time  to  cease  making  changes.  The 
object  of  the  proposition  was  stated  to  be  purely  eco- 
nomic. It  was  explained  that  the  prohibition  to  adopt  a 
new  type  of  musket  would  not  be  intended  to  prevent  the 


510        GENERAL   REPORT   OF   THE   COMMISSION 

improvement  of  existing-  types  ;  wherenpon  there  immedi- 
ately arose  a  discnssion  as  to  what  constituted  a  type  and 
what  improvements  might  be  made  without  falling  under 
the  prohibition  of  not  clianging  it.  Efforts  were  made 
to  effect  a  concord  of  views  by  specifying  details,  such  as 
initial  velocity,  weight  of  projectile,  etc.,  also  by  the  prop- 
osition to  limit  the  time  for  which  the  prohibition  should 
hold,  but  no  agreement  could  be  secured.  The  United 
States  delegate  stated  early  in  the  discussion,  on  the  atti- 
tude of  the  United  States  toward  questions  of  this  class, 
that  our  Government  did  not  consider  limitations  in  re- 
gard to  the  use  of  military  inventions  to  be  conducive  to 
the  peace  of  the  world,  and  for  that  reason  such  limita- 
tion would  in  general  not  be  supported  by  the  American 
Commission. 

A  separate  vote  was  taken  upon  the  question  whether 
the  Powers  should  agree  not  to  make  use  of  automatic 
muskets,  and  as  this  ma}^  be  taken  as  a  fair  example  of  the 
class  of  improvements  which,  although  they  may  have 
reached  such  a  stage  as  to  be  fairly  before  the  world,  have 
not  yet  been  adopted  by  any  nation,  an  analysis  of  the  vote 
taken  upon  it  may  be  interesting  as  showing  the  attitude 
of  the  different  Powers  in  regard  to  such  questions.  The 
States  voting  in  favor  of  the  j)rohibition  were  Belgium, 
Denmark,  Spain,  Holland,  Persia,  Russia,  Siam,  Switzer- 
land, and  Bulgaria,  (nine).  Those  voting  against  it  were 
Germany,  The  United  States,  Austria-Hungar}^,  Great 
Britian,  Italy,  Sweden  and  Norway,  (six).  And  those 
abstaining  were  France,  Japan,  Portugal,  Roumania,  Servia, 
and  Turkey,  (six).  From  this  statement  it  may  be  seen 
that  none  of  the  great  Powers  of  the  world,  except  Russia, 
was  willing  to  accept  restrictions  in  regard  to  military  im- 
provements when  the  question  of  increase  of  efficiency 
was  involved,  and  that  one  great  Power  (France)  ab- 
stained  from  expressing   an   opinion    upon   tlie    subject. 


GENERAL   REPORT  OF   THE    COMMISSION       511 

In  the  Full  Committee,  after  another  effort  to  secure 
some  action  in  the  line  of  the  proposition  liad  failed,  it 
was  agreed  that  the  subject  should  be  regarded  as  open 
for  the  future  consideration  of  the  different  (xovernments. 

A  question  was  also  raised  as  to  whether  there  should 
be  any  agreement  in  regard  to  the  use  of  new  means  of 
destruction,  which  might  possibly  have  a  tendency  to  come 
into  vogue,  such  as  those  depending  upon  electricity  or 
chemistry.  After  a  short  discussion,  in  which  the  Russian 
representative  declared  his  Government  to  be  in  favor  of 
prohibiting  the  use  of  all  such  new  instrumentalities  be- 
cause of  their  view  that  tlie  means  of  destruction  at  present 
employed  Avere  quite  sufficient,  the  question  was  also  put 
aside  as  one  for  future  consideration  on  the  part  of  the 
different  Powers. 

The  United  States  representative  made  no  objection  to 
these  questions  being  considered  as  remaining  open  upon 
the  general  ground  of  not  offering  o^^position  to  desired 
freedom  of  discussion,  the  attitude  of  the  United  States 
in  regard  to  them  having,  however,  been  made  known  by 
his  statement  already  given. 

BULLETS 

This  subject  gave  rise  to  more  active  debate  and  to 
more  decided  differences  of  view  than  any  other  considered 
by  the  Sub-Committee.  A  formula  was  adopted  as 
follows,  "  The  use  of  bullets  which  expand  or  flatten 
easily  in  the  human  body,  such  as  jacketed  bullets  of 
which  the  jacket  does  not  entirely  cover  the  core  or  has 
incisions  in  it,  should  be  forbidden." 

When  this  subject  came  up  in  the  Full  Committee  the 
British  representative,  Major-General  Sir  John  Ardagh, 
made  a  declaration  of  the  position  of  his  Government  on 
the  subject,  in  which  he  described  their  Dum  Duin  bullet 


512        GENERAL  REPORT  OF   THE   COMMISSION 

as  one  liaviiio-  a  very  small  portion  of  the  jacket  removed 
from  the  point,  so  as  to  leave  uncovered  a  portion  of  the 
core  of  about  tlie  size  of  a  pin-head.  He  said  that  this 
bullet  did  not  expand  in  such  manner  as  to  produce 
wounds  (jf  exceptional  cruelt}^  but  that  on  the  contrary 
the  wounds  produced  by  it  were  in  general  less  severe 
than  those  produced  by  the  Snider,  jNlartini-Henry,  and 
other  rifles  of  the  period  immediately  preceding  that  of  the 
adoption  of  the  present  small  Ijore.  He  ascribed  the  bad 
reputation  of  the  Dum  Dum  bullet  to  some  experiments 
made  at  Tiibingen  in  Germany  with  a  bullet  from  the 
forward  part  of  which  the  jacket,  to  a  distance  of  more 
than  a  diameter,  was  removed.  The  wounds  produced  by 
this  bullet  Avere  of  a  frightful  character,  and  the  bullets 
being  generally  supposed  to  be  similar  to  the  Dum  Dum 
in  construction,  had  probably  given  rise  to  the  unfounded 
prejudice  against  the  latter. 

The  United  States  representative  here  for  the  first  time 
took  part  in  the  discussion,  advocating  the  abandonment 
of  the  attempt  to  cover  the  principle  of  prohil)ition  of 
bullets  producing  unnecessarily  cruel  wounds  by  the  speci- 
fication of  details  of  construction  of  the  bullet,  and  pro- 
posing the  following  formula  :  — 

"The  use  of  bullets  which  inflict  wounds  of  useless 
cruelty,  such  as  explosive  bullets  and  in  general  every 
kind  of  bullet  which  exceeds  the  limit  necessary  for 
placing  a  man  immediately  liors  de  combat,  should  be 
forbidden." 

The  Committee,  however,  adhered  to  the  original  prop- 
osition, which  it  voted  without  acting  on  the  substitute 
submitted. 

The  action  of  the  Committee  having  left  in  an  unsatis- 
factory state  the  record,  which  thus  stated  that  the  United 
States  had  pronounced  against  a  proposition  of  humani- 
tarian  intent,  without  indicating    that    our    Government 


GENERAL  REPORT  OF   THE   COMMISSION       513 

not  only  stood  read}^  to  support  but  also  proposed  by  its 
representative  a  formida  which  was  believed  to  meet  the 
requirements  of  humanity  much  better  tlian  tlie  one 
adopted  by  the  Committee,  the  United  States  delegate, 
with  the  approval  of  the  Commission  and  in  its  name, 
proposed  to  the  Conference  at  its  next  full  session  the 
above-mentioned  formula  as  an  amendment  to  the  one 
submitted  to  the  Conference  by  the  First  Committee. 
In  presenting  the  amendment  he  stated  the  objections  to 
the  Committee's  proposition  to  be  the  following  :  First, 
that  it  forbade  the  use  of  expanding  bullets,  notwith- 
standing the  possibility  that  they  might  be  made  to 
expand  in  such  regular  manner  as  to  assume  simply  the 
form  of  a  larger  calibre,  which  property  it  might  be  neces- 
sary to  take  advantage  of,  if  it  should  in  the  future  be 
found  desirable  to  adopt  a  musket  of  very  much  smaller 
calibre  than  any  now  actually  in  use.  Second,  that  by 
thus  prohibiting  what  might  be  the  most  humane  method 
of  increasing  the  shocking  power  of  a  bullet  and  limiting 
the  prohibition  to  expanding  and  flattening  bullets,  it 
might  leitd  to  the  adoption  of  one  of  much  more  cruel 
character  than  that  prohibited.  Third,  that  it  con- 
demned b)^  designed  implication,  without  even  the  intro- 
duction of  any  evidence  against  it,  the  use  of  a  bullet 
actually  employed  by  the  army  of  a  civilized  nation. 

I  was  careful  not  to  defend  this  bullet,  of  which  I 
stated  that  I  had  no  knowledge  other  than  that  derived 
from  the  representations  of  the  delegate  of  the  Power 
using  it,  and  also  to  state  that  the  United  States  had  no 
intention  of  using  any  bullet  of  the  prohibited  class,  being 
entirely  satisfied  with  the  one  now  employed,  which  is  of 
the  same  class  as  are  those  in  common  use. 

The  original  proposition  was,  however,  maintained  by 
the  Conference,  —  the  only  negative  votes  being  those  of 
Great  I>ritian  and  the  United  States.  It  may  be  stated 
2l 


514        GENERAL  REPORT  OF   THE    COMMISSION 

tliiit  in  taking  tlie  vote  it  was  decided  to  vote  first  upon 
the  proposition  as  it  came  from  the  Committee,  instead  of 
upon  tlie  amendment,  notwithstanding  the  strong  opposi- 
tion of  the  United  States  and  other  Powers  totliis  method 
of  procedure  as  being  contrary  to  ordinary  parliamentary 
usage  and  preventing  an  expression  of  opinion  upon  the 
amendment  submitted  in  the  name  of  the  United  States 
Commission. 

From  this  rej:)ort  results  the  advice  that,  of  the  two 
declarations  of  the  Conference  originating  in  the  First 
Sub-Committee  of  the  First  Committee,  viz.  :  that  con- 
cerning the  use  of  balloons  and  that  concerning  the  use 
of  expanding  or  flattening  bullets,  the  first  only  be  signed 
by  the  United  States  Commission. 

The  reports  of  General  den  Beer  Portugael  of  the  work 
of  the  Sub-Committee,  and  of  M.  de  Karnebeek  of  that  of 
the  full  First  Committee,  are  hereto  annexed  and  marked 
respectively  "-A"  and  "  J5." 

I  am,  gentlemen, 

Very  respectfully,  your  obedient  servant, 

William   Crozier, 

Captain  of  Ordnance^  U.  S.  A. 

Commissioner. 


GENERAL   REPORT  OF   THE   COMMISSION       515 

E.  REPORT  OF  CAPTAm  CROZIER  TO  THE  COM- 
MISSION OF  THE  UNITED  STATES  OF  AMERICA 
TO  THE  INTERNATIONAL  CONFERENCE  AT  THE 
HAGUE,  REGARDING  THE  AVORK  OF  THE  SEC- 
OND SUB-COMMITTEE  OF  THE  SECOND  COMMIT- 
TEE OF  THE  CONFERENCE 

The  IIaguk,  July  31,  1899. 
COMMISSIOX    OF    THE    UNITED    STATES    OF     AMERICA   TO 
THE    IXTERNATIOXAL    CONFERENCE    AT    ThE    HaGUE 

Cientlemen  :  —  I  have  the  honor  to  submit  a  summary  of 
the  work  appertaining  in  the  first  instance  to  the  Second 
Sub-Connnittee  of  the  Second  Committee  of  the  Confer- 
ence. This  Sub-Committee  was  charged  with  the  revision 
of  the  dechiration  concerning  the  hxAvs  and  customs  of  war, 
prepared  in  1874  by  the  t'Onference  of  Brussels  but  never 
ratified.  It  is  the  subject  indicated  by  article  number 
scA^en  of  the  circular  of  Count  Mouravieff  of  December 
30,  1808.  Although  the  work  of  the  Conference  of 
Brussels  was  mentioned  in  this  circular,  previous  publica- 
tion of  a  code  of  what  might  be  called  the  laws  and  cus- 
toms of  war  had  been  made  in  General  Order  No.  100, 
issued  from  the  Adjutant-General's  Office  of  the  United 
States  Army  in  1863,  having  been  prepared  by  Dr.  Francis 
Lieber  of  Columbia  University.  A  graceful  allusion  to 
this  publication  and  acknowledgment  of  its  value  was 
made  by  the  chairman  of  the  Sub-Committee,  JM.  de 
]\Iartens  of  Russia,  at  one  of  its  sessions. 

A  code  of  the  "  Laws  and  Customs  of  AVar  on  Land," 
comprising  sixty  articles,  was  elaborated  by  tlio  Sub- 
Committee  and  ])y  the  Conference.  'J'liis  code,  if  accepted 
by  the  Linited  States,  woidd  take  the  place  of  those  por- 
tions of  the  present  instructions  for  the  Government  of  its 
armies  in  the  field  which  are  covered  by  its  sixty  articles. 


516        GENERAL   REPORT   OF   771 E    COM  MESS  I  ON 

It  would  not  completely  take  tlic  ])lacc  of  tliese  instruc- 
tions for  the  reasons  that  certain  subjects  relating  to 
hostilities  are  omitted  tlierefrom,  some  because  of  their 
delicacy,  such  as  retaliation,  and  reprisals,  etc.,  others  be- 
cause they  relate  to  tlie  internal  administration  of  an  army 
and  to  the  methods  to  be  used  to  enforce  observation  of 
the  code,  as  by  penalties  for  violations.  An  important 
example  of  this  class  of  omissions  is  found  in  Article  46 
of  the  United  States  instructions  (General  Order  100) 
which  forbids,  under  severe  penalties,  officers  or  soldiers 
from  making  use  of  their  position  or  power  in  a  hostile 
country  for  private  commercial  transactions,  even  of  such 
nature  as  would  otherwise  be  legitimate.  In  regard  to 
the  omitted  subjects  the  declaration  is  made  that  while 
awaiting  the  establishment  of  a  more  complete  code  of  the 
laws  of  war,  populations  and  combatants  remain  under  the 
protection  and  exactions  of  the  principles  of  the  law  of 
nations  as  it  results  from  established  usage,  from  the  rules 
of  humanity,  and  from  the  requirements  of  the  public 
conscience. 

The  code  in  general  presents  that  advance  from  the 
rules  of  General  Order  No.  100,  in  the  direction  of  effort 
to  spare  the  sufferings  of  the  populations  of  invaded  and 
occupied  countries,  to  limit  the  acts  of  invaders  to  those 
required  by  military  necessities,  and  to  diminish  what  are 
ordinarily  known  as  the  evils  of  war,  which  might  be 
expected  from  the  progress  of  nearly  forty  years'  thought 
upon  the  subject.  It  is  divided  into  four  sections  and 
each  of  them  into  several  chapters. 

Section  I,  of  three  chapters,  treats  of  the  personnel  of 
the  belligerents. 

Chapter  I,  Articles  1  to  30,  prescribes  what  persons 
are  legitimate  combatants  and  has  particular  reference  to 
levee  en  masse. 

Article  2  rejjresents  the  extreme  concession  to  unorgan- 


GENERAL  REPORT  OF   THE   COMMISSION       517 

ized  resistance  in  prescribing  as  the  sole  condition  of  treat- 
ment as  legitimate  combatants  of  populations  of  an 
unoccupied  country  suddenly  invaded,  without  time  for 
organization,  and  taking  up  arms  in  its  defence,  to  be  that 
they  shall  observe  the  laws  and  customs  of  war.  During 
the  discussion  of  this  chapter  an  additional  article  was 
proposed  for  adoption  by  the  representative  of  Great  Brit- 
ain, to  the  effect  that  nothing  in  it  should  be  understood 
as  tending  to  diminish  or  suppress  the  right  of  the  popula- 
tion of  an  invaded  country  to  fulfil  its  patriotic  duty  of 
offering  to  the  invaders  by  all  legitimate  means  the  most 
strenuous  resistance.  The  article  was  warmly  supported 
by  the  representative  of  Switzerland,  but  was  just  as  de- 
cidedly opposed  by  the  representative  of  Germany.  The 
proposed  article  was  withdrawn  by  its  author,  under 
appeals  from  delegates  favoring  its  spirit  l)ut  deeming  it 
superfluous  and  calculated  to  endanger  the  adoption  of 
the  portion  of  the  code  under  consideration.  It  is  the 
opinion  of  the  United  States  representative  that  the  with- 
drawal was  wise,  in  view  of  the  concession  in  Article  2  of 
all  that  is  covered  by  the  one  proposed. 

Chapter  II,  Article  4  to  20,  treats  of  prisoners  of  war. 
Article  4  stipulates  that  their  personal  property,  with 
the  exception  of  arms,  horses,  and  military  papers,  shall 
remain  in  their  possession.  The  case  is  not  specially 
covered  of  large  sums  of  money  which  may  be  found  on 
the  persons  of  prisoners  or  in  their  private  luggage,  and 
referred  to  in  Article  72  of  General  Order  No.  100  in 
such  way  as  to  throw  doubt  upon  the  strictly  private 
character  of  such  funds. 

Article  0  provides,  as  does  Article  76  of  General  Order 
100,  that  prisoners  of  war  may  be  required  to  perform 
work,  but  it  goes  further,  in  that  it  covers  the  fact  and  the 
determination  of  the  rate  of  payment  for  such  work  and 
the  disposition  to  be  made  of  such  ])ay. 


518        GENERAL   REPORT   OF    THE    COMMISSION 

Article  77  of  Geiierul  Order  No.  100,  wlii(!h  pi-ovides 
for  severe  penalt}%  even  for  death,  for  conspiracy  among 
prisoners  of  war  to  effect  a  united  or  general  escape  or  to 
revolt  against  the  authority  of  the  captors,  has  no  counter- 
part in  the  new  code.  Article  12  of  the  new  code  pro- 
vides that  in  case  of  breach  of  parole  the  offender  shall  be 
brought  to  trial,  but  it  does  not  prescribe  the  death  pen- 
alty as  does  Article  124  of  General  Order  No.  100. 

Articles  14,  15,  16,  and  17  are  quite  new  in  their  scope. 
They  provide  for  the  establishment  of  a  bureau  of  infor- 
mation in  regard  to  prisoners  of  war  and  prescribe  its 
duties  ;  also  for  the  extension,  under  necessary  guarantees, 
of  all  proper  facilities  to  members  of  duly  organized  pris- 
oners' aid  societies  ;  for  franking  privileges  for  tlie  bureau 
of  information  ;  for  exemption  from  postal  and  customs 
charges  of  letters,  orders,  money,  and  packages  of  or  for 
prisoners  of  war,  and  of  the  possible  advance  to  officers  of 
the  pay  allowed  by  their  Government  in  such  situation,  to 
be  afterward  repaid  by  the  latter.  It  will  be  observed 
that  in  case  of  adoption  of  the  code  by  the  United  States, 
enabling  legislation  by  Congress  will  be  required  for  the 
operation  of  these  four  articles. 

Chapter  III,  Article  21,  treats  of  the  sick  and  wounded, 
and  it  contains  only  a  reference  to  the  Geneva  Convention. 

Section  II,  of  five  chapters,  treats  of  acts  of  war. 
Chapter  I,  Articles  22  and  23,  refers  to  legitimate  means 
of  injuring  the  enemy,  to  sieges  and  to  bom])ardments. 

Article  23  prohibits  the  issue  of  the  declaration  that 
no  quarter  will  be  given,  not  making  allowance  for  the 
special  case  contemplated  in  Article  60  of  General  Order 
No.  100,  of  a  commander  in  great  straits,  such  that  his 
own  salvation  makes  it  impossible  for  him  to  encumber 
himself  with  prisoners,  nor  for  the  retaliatory  measures 
contemplated  by  Articles  61,  62,  63,  and  66  of  General 
Order  No.  100.     The  death  penalty  prescribed  by  Article 


GENERAL   REPORT  OF   THE   COMMISSION       519 

71  of  the  Order,  for  killing  or  wounding  a  disubled  enemy, 
is  not  found  among  the  provisions  of  the  code. 

Article  23  also  forbids  the  destruction  or  seizure  of 
private  property  except  when  imperiously  required  by  the 
necessities  of  war.  During  the  discussion  of  this  prohibi- 
tion the  United  States  representative  stated  the  desire  of 
his  Government  that  it  should  extend  to  private  property 
both  upon  land  and  sea,  and  that  the  revision  of  the  dec- 
laration of  the  Conference  of  Brussels  which  the  Powers 
had  been  invited  to  make,  had  been  understood  to  properly 
include  this  extension,  that  he  could  not  accept  the  de- 
cision of  the  chairman  that  the  Sub-Committee  was  not 
competent  to  consider  it,  l)ecause  of  the  limitation  of  the 
revision  strictly  to  the  subject  of  land  warfare,  although 
he  would  not  insist  upon  an  immediate  decision  as  to  such 
competence,  asking  simply  that  the  subject  be  left  open 
for  further  treatment  by  the  full  Committee  and  by  the 
Conference.  The  method  of  after-treatment,  by  which 
the  subject  was  relegated  to  the  consideration  of  a  future 
Conference,  is  familiar  to  the  Commission. 

Article  25  forbids  the  bombardment  of  unprotected 
cities.  It  was  proposed  by  the  Italian  representative  that 
the  interdiction  should  extend  to  bombardment  from  the 
sea  as  well  as  from  the  land,  but  upon  the  manifestation 
of  opposition  to  this  extension  action  was  limited  to  the 
expression  of  a  hope  that  the  subject  would  be  considered 
by  a  future  conference  ;  the  representative  of  Great 
Britain  abstaining  from  this  expression  because  of  lack  of 
instruction  upon  the  subject. 

Chapter  II,  Articles  29  to  31,  treats  of  spies.  It  does 
not  prescribe  the  punishment  to  be  inflicted  in  case  of 
capture. 

Chapter  III,  Articles  32  to  34,  refers  to  flags  of  truce. 

Chapter  IV,  Article  35,  to  capitulations. 

Chapter  V,  Articles  36  to  41,  to  armistices. 


520        GENERAL   REPORT  OF  THE   COMMISSION 

Section  III,  of  a  single  chapter,  Articles  43  to  46,  treats 
of  the  delicate  subject  of  military  authority  upon  hostile 
territory.  The  omission  of  some  of  its  provisions  was 
urged  by  the  representatives  of  IJelgium,  upon  the  ground 
that  they  had  the  character  of  sanctioning  in  advance 
rights  of  an  invader  upon  the  soil  and  of  thus  organizing 
the  regime  of  defeat  ;  that  rather  than  to  do  this  it  would 
be  better  for  the  population  of  such  territory  to  rest  under 
the  general  principle  of  the  law  of  nations.  The  pro- 
visions were  retained  upon  the  theory  that,  while  not  ac- 
knowledging the  right,  tlie  possible  fact  liad  to  be  admitted 
and  that  wise  provision  required  that  proper  measures 
of  protection  for  the  population  and  of  restrictions  upon 
the  occupying  force  should  be  taken  in  advance. 

Article  43  is  stronger  in  its  terms  than  Article  3  of 
General  Order  No.  100,  in  requiring  respect  by  the 
occupying  force,  unless  absolutely  prevented,  of  the  laws 
in  force  in  the  occupied  territory. 

Article  26  of  General  Order  No.  100,  in  regard  to  an 
oath  of  allegiance  and  fidelity  on  the  part  of  magistrates 
and  other  civil  officers,  may  require  modification  in  view 
of  Article  45  of  the  new  code,  although  this  may  possibly 
not  be  necessary  as  the  latter  article  mentions  only  popu- 
lations. 

Articles  48  to  54  refer  to  contributions  and  requisitions 
in  money  and  kind  ;  they  are  more  detailed  in  their  pro- 
visions than  the  articles  of  General  Order  No.  100  refer- 
ring to  the  same  subject,  but  they  do  not  differ  therefrom 
in  spirit  and  general  purport.  They  express  the  idea  that 
such  contributions  are  not  to  be  made  for  the  purpose  of 
increasing  the  wealth  of  the  invader.  The  provision  that 
the  shore-ends  of  submarine  cables  might  be  treated  in 
accordance  with  the  necessities  of  the  occupying  force  and 
that  restitution  should  be  made  and  damagfes  recjulated  at 
the  conclusion  of  peace,  after  having  at  first  found  entry 


GENERAL   REPORT   OF   THE   COMMISSION       521 

into  tlie  code,  was  afterward  stricken  out  at  the  instance 
of  the  British  representative. 

Article  46  forbids  the  seizure  or  destruction  of  works 
of  art  or  siniihir  objects,  and  is  in  this  res})ect  more  re- 
strictive than  Article  36  of  General  Order  No.  100,  which 
permits  the  removal  of  such  articles  for  the  benefit  of 
the  Government  of  the  occupying  army  and  relegates  the 
ultimate  settlement  of  their  ownership  to  the  treaty  of 
peace. 

Section  IV,  of  a  single  chapter.  Articles  57  to  60,  treats 
of  belligerents  confined,  and  of  sick  and  wounded  cared 
for,  upon  neutral  territory,  a  subject  not  referred  to  in 
General  Order  No.  100.  It  provides  generally  that  obli- 
gation is  imposed  upon  the  neutral  to  see  that  such  per- 
sons shall  not  take  further  part  in  the  war,  but  attention 
was  invited  by  the  United  States  representative  to  the 
fact  that  for  sick  and  wounded  simply  passing  through 
neutral  territory  on  their  way  to  their  own  country,  no 
such  provision  is  made.  Because  of  anticipated  difficulty 
in  securing  harmony  or  for  other  reasons  the  Committee 
did  not  decide  the  question,  and  a  decision  was  not  de- 
manded by  the  United  States  representative,  who  could 
see  no  direct  interest  of  the  United  States  in  question, 
which  he  had  raised  only  in  the  interest  of  good  work. 
During  the  progress  of  the  work  of  the;  Sub-Committee 
expression  was  made,  upon  the  initiative  of  the  repre- 
sentative of  Luxemburg,  of  the  hope  that  the  question 
of  the  regulation  of  the  rights  and  duties  of  neutrals 
would  form  part  of  the  programme  of  an  early  confer- 
ence. 

Foreign  ambassadors,  ministers,  other  diplomatic  agents 
and  consuls,  whose  treatment  is  regulated  by  Articles 
8,  9,  and  87  of  General  Order  No.  100,  are  not  mentioned 
in  the  new  code.  It  is  also  silent  upon  the  subject  of 
guerillas,    armed    prowlers,    war    rebels,    treachery,    war 


522        GENERAL  REPORT  OF   THE    COMMISSION 

traitors  and  guides,  treated  in  Sections  4  and  5  of  General 
Order  No.  100. 

It  is  not  attempted  to  make  this  report  a  full  digest 
of  the  proposed  code  or  a  complete  exposition  of  its  rela- 
tions with  the  existing  instructions  for  the  government  of 
the  armies  of  the  United  States  in  the  field,  —  the  object 
is  to  present  such  general  summary  as  may  indicate  that 
the  Convention  containing  the  code  is  a  proper  one  for 
the  Commission  to  recommend  the  acceptance  of  by  the 
Government  of  the  United  States,  and  also  that  because  of 
the  extent  and  importance  of  the  subject  such  acceptance 
should  be  preceded  by  a  careful  examination  of  the  code 
by  the  department  of  Military  Law.  Tlie  agreement  in 
the  Convention  to  issue  to  the  armies  of  the  Signatory 
Powers  instructions  in  conformity  with  the  code,  is  not 
understood  to  mean  that  such  instructions  shall  contain 
nothing  more  than  is  found  in  the  code  itself,  but  that  all 
the  provisions  of  the  code  shall  be  met  and  none  of  them 
violated  in  such  instructions.  A  very  complete  discussion 
of  the  articles  of  the  code  is  contained  in  the  report  of 
Mr.  Rolin,  the  official  reporter  of  the  sub-committee,  which 
is  hereto  annexed  and  marked  C. 

William   Crozier, 
Captain  of  Ordnance,    U.    S.  A. 
Cominissioner . 


GENERAL  REPORT   OF   THE   COMMISSION       523 

F.  REPORT  OF  MR.  WHITE,  MR.  LOW,  AND  MR. 
HOLLS,  TO  THE  AMERICAN  COMMISSION  TO 
THE  INTERNATIONAL  CONFERENCE  AT  THE 
HAGUE,  REGARDING  THE  WORK  OF  THE 
THIRD  COMMITTEE   OF  THE   CONFERENCE 

The  IIaguk,  July  ol,  1899. 

Commission  of  the  United  States  of  America 
TO  THE  International  Conference  at  The 
Hague 

Grentlemen  :  — -  The  undersigned  members  of  the  Third 
Commission  of  the  Conference,  to  which  was  referred  the 
matter  of  Arbitration  and  INIediation,  have  the  honor  of 
submitting  the  following  report  regarding  the  work  of 
that  Committee  :  — 

The  Committee  on  Arbitration  was  apj^ointed  at  the 
second  session  of  the  Conference,  held  May  20,  1899  ; 
and  on  Tuesday,  May  23,  the  Committee  met  for  the 
first  time  under  the  chairmanship  of  M.  Leon  Bourgeois 
of  France.  It  then  discussed  merely  routine  business  and 
adjourned  until  Friday,  May  25.  At  this  meeting  it 
was  decided  to  appoint  a  sub-committee  called  the  Comite 
tVExamen,  to  consist  of  eight  members,  for  the  purpose 
of  drafting  a  plan  for  International  Arbitration  and 
Mediation.  The  membership  of  the  Comite  (TExamen 
was  proposed  by  the  so-called  Bureau  of  the  Full  Com- 
mittee, consisting  of  the  President,  Honorary  Presi- 
dents, and  the  Vice-President,  as  follows  :  j\L  Chevalier 
Descamps  of  Belgium,  M.  Asser  of  the  Netherlands,  M. 
de  Martens  of  Russia,  Professor  Zorn  of  Germany,  Pro- 
fessor Lammasch  of  Austria,  M.  Odier  of  Switzerland, 
Baron  d'Estournelles  de  Constant  of  France,  and  Mr. 
Holls  of  the  United  States  of  Americao  The  Honorar}^ 
Presidents  of  the  Committee,  Sir   Julian   Pauncefote  of 


.524        GENERAL    UEPORT   OF   THE    COMMISSION 

England,  Count  Nigra  of  Italy,  also  took  part  in  the 
work  of  the  Comite  cV Examen,  as  well  as  the  President 
of  the  Conference,  lUiron  de  Staal  of  Ivussia.  The 
Comite  d'Examcn  held  eighteen  working  sessions,  all  of 
its  members  being  present  at  every  session,  with  two 
exceptions  caused  by  tlie  absence  of  M.  de  Martens  at 
the  Venezuelan  Arbitration  in  Paris. 

On  July  7,  1899,  the  Comite  (T  Era  men  presented  to 
the  full  Committee  the  project  for  the  peaceable  settle- 
ment of  international  disputes,  which,  after  discussion  in 
the  full  Committee  and  in  the  Conference,  was,  on  the 
25th  of  Jvdy,  luianimously  adopted.  A  copy  of  this  con- 
vention is  annexed  to  this  report.  It  consists  of  sixty- 
one  articles,  of  which  the  first  contains  a  general  declaration 
regarding  the  maintenance  of  peace.  Articles  2  to  8 
inclusive  relate  to  good  olfices  and  mediation  ;  Articles  9 
to  14,  to  international  commissions  of  inquiry  ;  Articles 
15  to  20,  to  arbitral  justice  in  general;  Articles  30  to  57, 
to  the  procedure  'before  the  said  court  ;  and  Articles  58 
to  61,  to  the  ratification  of  tlie  convention  and  the  like. 
All  of  these  articles  and  the  considerations  which  led  to 
their  adoption  have  been  carefully  discussed,  on  behalf  of 
the  Committee,  by  its  reporter,  M.  Descamps,  whose 
report  is  annexed  hereto. 

At  the  opening  of  the  first  meeting  of  the  Third  Com- 
mittee of  the  Conference  the  Pussians  proposed  a  carefully- 
worked-out  scheme  :  — 

1.  For  Good  Offices  and  Mediation. 

2.  For  Arbitrations  ad  lioc,  to  which  was  annexed  a 
code  for  arbitral  procedure. 

3.  For  International  Inquiries. 

Sir  Julian  Pauncefote  having  been  given  the  floor  as 
one  of  the  Vice-Presidents  of  the  Conference,  at  once  sug- 
gested a  vote  upon  the  principle  of  a  Permanent  Tribunal 
for  International  Arbitrations. 


GENERAL   REPORT  OF   THE    COMMISSION       525 

The  Russians,  thereupon,  instantly  gave  notice  that 
they  also  had  a  plan  for  a  permanent  Court  which  would 
be  submitted  in  due  course.  It  was  thought  best  to  dis- 
cuss the  principle  of  a  permanent  court  only  in  connection 
with  a  careful  discussion  of  definite  plans,  and  it  was  there- 
fore then  resolved  to  send  all  plans  bearing  on  tliis  sub- 
ject to  the  Comite  d'Examen,  together  with  the  Russian 
proposals  for  (lood  Offices  and  Mediation. 

At  the  meeting  of  the  Committee,  held  Wednesday, 
May  31,  the  American  project  for  an  international  tril)U- 
nal  of  arbitration  was  presented,  through  the  President  of 
the  Conference,  M.  de  Staal.  At  about  the  same  time,  or 
just  before,  the  English  and  the  Russian  plans  for  a  per- 
manent tribunal  were  also  submitted.  In  the  Comite 
d'Examen  tlie  plan  proposed  by  Sir  Jvdian  Pauncefote 
was  taken,  by  the  consent  of  the  Russians  and  Ameri- 
cans, as  the  basis  of  the  Committee's  work.  This  plan, 
however,  has  been  greatly  modified  and  enlarged,  by  pro- 
visions from  both  the  American  and  the  Russian  plans, 
and  also  by  suggestions  made  in  Committee.  The  plan 
adopted  by  the  Conference,  therefore,  while  founded  on 
the  British  proposals  so  far  as  the  form  of  the  Permanent 
Court  is  concerned,  is  really  the  work  of  the  Comite 
d'  Exa7nen. 

Compared  with  the  original  American  project,  it  differs 
from  it  essentially  in  the  following  particulars.  The  fun- 
damental idea  of  the  American  plan  was  a  court  which 
should  not  only  be  permanent  but  continuous  in  its  func- 
tions, consisting  of  not  less  than  nine  judges,  from  whose 
number  special  benches  might  be  chosen  by  the  litigants; 
provision  was  also  expressly  made  for  the  possibility  of  a 
session  of  tlie  entire  tribunal  at  one  time.  The  latter 
idea  was  absolutely  unacceptable  to  most  of  the  Conti- 
nental States.  One  objection  raised  to  it  was  that  there 
had  not  yet  been  sufficient  experience  in  arbitrations  to 


52G        GENERAL   REPORT   OF   THE    COMMISSION 

warrant  a  eontiiiiiously  sitting  tribunal,  so  that  if  one  were 
provided  it  would  probably  liave  nothing  to  do  during  the 
greater  portion  of  the  year,  and  thus  become  an  object  of 
criticism,  if  not  of  ridicule.  Another  objection  found 
expression  in  the  fear  that  such  a  tribunal  would  assume 
a  dignity  and  importance  for  which  the  nations  were  not 
yet  prepared.  The  expense  involved  in  the  payment  of 
salaries  to  judges  whose  time  would  be  taken,  was  also  a 
consideration  of  no  little  importance,  and  the  payment  of 
permanent  salaries  was  looked  upon  as  being  likely  to 
emphasize  the  undesirable  spectacle  of  an  international 
court  with  perhaps  little  to  do.  The  plan  of  Sir  Julian 
Pauncefote  happily  avoided  these  difficulties,  while  it  yet 
provided  a  permanent  court  not  altogether  unlike  the 
Supreme  Court  of  the  State  of  New  York,  which  consists 
of  a  comparatively  large  number  of  judges  who  never  sit 
as  a  body  but  who  are  constantly  exercising  judicial  func- 
tions, either  alone  or  in  separate  tribunals  made  up  from 
among  their  number.  This  organization  appears  in  the 
perfected  plan  adopted  by  the  Conference. 

The  American  plan  further  proposed  that  the  tribunal 
for  which  it  provided  should  itself  appoint  its  secretary 
or  clerk  and  supervise  the  administration  of  its  own 
bureau  or  record  office.  When  the  idea  of  a  continu- 
ously sitting  tribunal  Avas  abandoned,  another  method  of 
administration  of  the  bureau  or  recoi'd  office  was  made  nec- 
essary. Accordingly,  the  proposal  which  has  been  adopted 
provides  that  as  soon  as  nine  of  the  Powers  who  have 
acceded  to  this  convention  have  ratified  it,  the  representa- 
tives of  the  signatory  powers  accredited  to  the  Govern- 
ment of  the  Netherlands  will  meet  under  the  presidency 
of  the  Minister  of  Foreign  Affairs  of  the  Netherlands  and 
organize  themselves  as  a  permanent  Council  of  Adminis- 
tration, whose  first  duty  it  will  be  to  create  a  permanent 
Bureau  of  Arbitration.     The  Council  of  Administration 


GENERAL  REPORT  OF   THE   COMMISSION        527 

will  appoint  a  secretary-general,  secure  quarters  for  the 
court  and  such  assistants  as  may  be  necessary,  in  the 
shape  of  archivists  and  other  officials  who  will  sit  in 
permanence  at  The  Hague,  and  who  will  constitute  the 
working  staff  and  headquarters  of  the  international  sys- 
tem of  arbitration.  The  Hague  was  selected  as  the  seat 
of  the  permanent  tribunal,  by  common  consent,  no  propo- 
sition or  vote  favoring  any  other  place  having  been 
received. 

The  American  plan  provided  for  one  judge  from  each 
adhering  country.  The  British  proposal  suggested  two, 
and  on  the  motion  of  the  German  delegate  this  number 
was  increased  to  not  more  than  four.  The  German  dele- 
gation stated  that  their  reason  for  proposing  a  larger 
number  was  that  the  Great  Powers,  at  least,  ought,  in 
their  opinion,  to  nominate  as  members  of  the  tribunal 
men  of  eminence,  not  only  in  law,  but  also  perhaps  a 
diplomat  and  perhaps  a  military  or  naval  expert.  The 
Powers  are  not  restricted  to  their  own  citizens  in  the 
choice  of  judges,  and  two  or  more  Powers  may  unite  in 
naming  the  same  person.  The  judges  to  be  named  are  to 
hold  office  for  six  years,  and  during  the  exercise  of  their 
functions  and  when  outside  of  their  own  country  they  are 
to  enjoy  diplomatic  privileges  and  immunities. 

In  place  of  the  provision  of  the  American  proposal  that 
the  tribunal  itself  should  fix  its  own  rules  of  procedure, 
the  Committee  adopted  a  code  of  procedure  proposed 
by  the  Russian  delegation,  with  slight  amendments.  This 
code  is  almost  identical  with  the  rules  of  procedure 
adopted  for  the  British  and  Venezuela  Court  of  Arbitra- 
tion, now  in  session  at  Paris.  The  authors  of  these  rides 
were,  it  is  understood,  M.  de  ^Martens,  President  of  the 
Court,  ]\rr.  Justice  Brewer  of  the  United  States,  and  Lord 
Justice  Collins  of  Great  Britain. 

The  provision  contained  in  the  American  plan  that  the 


528        GENERAL   REPORT  OF   THE   COMMISSION 

cases,  counter  cases,  depositions,  arguments,  and  opinions 
of  the  covirt  should,  after  the  delivery  of  the  judgment, 
be  at  the  disposition  of  any  one  willing  to  pay  the  cost  of 
transcription,  was,  by  common  consent,  left  as  an  adminis- 
trative detail  for  the  consideration  of  the  Council  of 
Administration. 

The  American  proposal  that  every  case  submitted  to  the 
tribunal  must  be  accompanied  by  a  stipulation  signed  by 
both  parties,  to  agree  in  good  faith  to  abide  by  the  deci- 
sion, which  was  also  a  feature  of  the  Russian  proposals, 
was  unanimously  adopted  ;  as  was  also  the  further  Ameri- 
can proposal  that  in  each  particular  case  the  bench  of 
judges  should,  by  preference,  be  selected  from  the  list 
of  members  of  the  tribunal.  The  Comite  tVExamen  was 
unwilling  to  make  a  categorical  rule,  as  suggested  in  the 
American  plan,  that  when  tlie  tribunal  consisted  of  only 
three  members  none  of  them  should  be  a  native,  subject, 
or  citizen  of  either  of  the  litigating  States,  but,  on  the 
other  hand,  the  American  objection  to  tribunals  consisting 
of  only  one  representative  of  each  litigating  State  and  one 
umpire  was  embodied  in  the  provision  that,  except  in 
case  of  an  agreement  to  the  contrary,  the  tribunal  should, 
in  all  cases,  consist  of  five  members,  two  being  nominated 
by  each  State,  the  four  to  choose  the  fifth.  This  enables 
the  parties  to  have  one  representative  each  on  the  bench, 
while  the  majority  of  the  tribunal  may,  nevertheless, 
consist  of  entirely  impartial  judges,  who  may  not  ne- 
cessarily agree  on  all  points  with  either  side. 

The  American  proposal  regarding  the  expenses  of  the 
tribunal,  that  the  judges  should  be  paid  only  when  on 
duty,  was  in  effect  adopted.  The  American  proposal  was 
the  only  one  which  contained  provision  for  a  second  hear- 
ing for  the  correction  of  manifest  errors.  This  provision 
was  inserted  in  the  code  of  procedure  in  a  permissive  form, 
after  much  opposition. 


GENERAL   REPORT  OF   THE   COMMISSION       529 

The  American  propositi  that  tlie  Convention  shoukl  be 
in  force  upon  tlie  ratification  of  nine  States  was  adopted, 
but  the  restriction  as  to  tlie  character  of  these  States,  con- 
tained in  the  American  plan,  was  omitted  as  unnecessary. 
It  is  substantially  certain  that  among  the  first  adhering- 
States  there  will  be  eight  European  or  American  Powers, 
of  whom  at  least  four  have  been  signatory  Powers  of  the 
Treaty  of  Paris  of  1856.  It  should  be  observed  here  that 
this  description  was  made  a  part  of  the  American  Plan, 
only  in  order  to  make  it  clear  that  in  the  opinion  of  the 
United  States  Government  the  confirmation  of  a  certain 
number  of  the  Great  Powers  was  essential  to  success. 

The  one  distinctive  feature  of  the  American  plan  which 
was  rejected  on  principle  was  that  providing  for  the  coop- 
eration of  the  highest  courts  of  each  country  in  the  selec- 
tion of  members  of  the  Court  of  Arbitration.  This  idea 
proved  absolutely  unacceptable  to  the  Continental  Powers 
for  various  reasons,  which  have  been  stated  to  the  depart- 
ment in  our  despatch  Number  10.  There  is  no  highest 
court  for  the  entire  Empire  of  Austria-Hungary,  and  the 
relations  between  the  different  parts  of  the  Empire  are 
not  calculated  to  make  joint  action  by  the  two  highest 
courts  practicable  or  desirable.  This  is  also  true  of 
Sweden  and  Norway.  In  Russia  the  highest  coui't  con- 
sists of  a  Senate  of  one  hundred  members,  whose  coopera- 
tion in  the  matter  of  appointment  would  contradict  all 
local  traditions.  Besides  this,  the  organization  of  the 
courts  of  nearly  all  Continental  countries  is  based  upon 
the  traditions  of  the  Roman  Law,  and  those  traditions 
always  have  excluded  the  idea  of  any  action,  on  the  part 
of  a  judicial  tribunal,  with  reference  to  the  selection  of 
a  man  or  men  for  any  particular  jjui-pose,  even  if  the 
latter  were  judicial  in  its  nature.  Fiulliermore,  in  sev- 
eral large  European  States,  notably  (lermany,  the  rules 
governing  the  practice  of  the  law  are  such  as  to  prevent 

2    M 


530        GENERAL   REPORT   OF   THE   COMMISSION 

the  members  of  the  highest  court  from  having  any  knowl- 
edge of  the  ability  or  reputation  of  many  of  the  most 
noted  lawyers  or  judges,,  since  no  one  is  allowed  to  prac- 
tise before  the  highest  court  unless  he  is  a  resident  of 
the  city  of  its  location,  and  a  member  of  its  particular 
bar,  and  the  rules  providing  for  appeals  are  very  nar- 
row in  their  lindtations.  Under  these  circumstances,  the 
members  of  those  courts  are  not,  like  our  Justices  of  the 
Supreme  Court  of  the  United  States,  or  the  members  of 
the  Privy  Council  of  Great  Britain,  the  best  possible 
advisers  with  reference  to  the  selection  of  creditable 
legal  representatives  upon  the  great  tribunal,  and  it  was 
stated  that  in  many  cases  they  were  about  the  last  authori- 
ties to  whom  the  appointing  Power  would  be  likely  to 
turn  with  success  for  such  advice  and  cooperation.  Under 
these  circumstances,  the  adoption  of  this  feature  of  our 
plan  was  hopeless  from  the  first ;  but,  out  of  courteous 
regard  for  the  United  States,  the  Comite  d'Examen  directed 
the  reporter  to  mention  the  importance  of  a  complete  dis- 
regard of  political  considerations  in  the  choice  of  members 
of  the  court. 

It  wdll  be  seen  that  nothing  in  the  proposed  j)lan  of 
organization  of  the  permanent  tribunal  is  absolutely  con- 
trary to  the  fundamental  ideas  set  forth  in  the  American 
proposal,  and  the  code  of  procedure  contains  nothing  con- 
trary to  the  principles  of  equity  pleading  in  English  or 
American  courts.  In  view  of  the  fact  that  a  large  major- 
ity of  the  members  of  the  Arbitration  Court  must  neces- 
sarily be  Europeans  trained  in  the  principles  of  the  Roman 
Law,  it  has  been  deemed  important  from  the  first  to  secure 
all  possible  guarantees  against  practice  or  procedure  which 
would  put  nations  having  the  Common  Law  as  the  basis 
of  their  jurisprudence  at  a  disadvantage.  It  is  believed 
that  this  end  has  been  successfully  accomplished. 

Attention  is  called  to  the  fact  that  the  entire  plan  for 


GENERAL   REPORT  OF  THE   COMMISSION        031 

the  tribunal  and  its  use  is  voluntary,  so  far  as  sovereign 
States  are  concerned.  The  only  seeming  exceptions  to 
this  rule  are  contained  in  Article  1,  ^vhich  provides  that 
the  Signatory  Powers  agree  to  employ  their  efforts  for 
securing  the  j)acific  regulation  of  international  differences  ; 
and  Article  27,  which  says  that  the  Signatory  Powers  con- 
sider it  to  be  a  duty,  in  the  case  where  an  acute  conflict 
threatens  to  break  out  between  two  or  more  of  them,  to 
remind  those  latter  that  the  permanent  court  is  open  to 
them.  The  obligation  thus  imposed  is  not  legal  or  diplo- 
matic in  its  nature.  These  articles  merely  express  a  gen- 
eral moral  duty  for  the  performance  of  which  each  State 
is  accountable  only  to  itself.  In  order,  however,  to  make 
assurance  doubly  sure  and  to  leave  no  doubt  Avhatever  of 
the  meaning  of  the  Convention,  as  affecting  the  United 
States  of  America,  the  Commission  made  the  following 
declaration  in  the  full  session  of  the  Conference,  held 
July  25  :  — 

"  The  Delegation  of  the  United  States  of  America,  in 
signing  the  Convention  regulating  the  peaceful  adjust- 
ment of  international  differences,  as  proposed  by  the 
International  Peace  Conference,  make  the  following 
declaration  :  — 
"  Nothing  contained  in  this  convention  shall  be  so  con- 
strued as  to  require    the    United    States  of   America   to 
depart  from  its  traditional  policy  of  not  intruding  upon, 
interfering  with,  or  entangling  itself  in  the  political  ques- 
tions or  policy  or  internal  administration  of  any  foreign 
State  ;  nor  shall  anything  contained  in  the  said  Convention 
be  construed  to  imply  a  relinquishment    by  the    United 
States  of  America  of  its  traditional  attitude  toward  purely 
American  questions." 

Under  tlie  reserve  of  this  declaration  the  United  States 
delegates  signed  the  Arbitration  Convention  itself. 

Article  8  of    the  Convention,  providfng  for  a  special 


5:52        GENERAL   REPORT   OF   THE   COMMISSION 

form  of  Mediation,  was  proposed  individually  by  Mr. 
IIolls  of  the  United  States  Commission.  It  is  fully  ex- 
plained in  the  report  of  M.  Descamps  and  in  the  minutes 
of  the  meeting  of  the  Committee  at  which  it  was  unani- 
mously adopted.  Being  purely  voluntary  in  its  charac- 
ter, it  is  at  least  certain  that  it  conflicts  with  no  American 
interest,  while,  on  the  contrary,  it  is  hoped  that  in  par- 
ticular crises,  when  the  other  means  provided  by  the  Con- 
vention for  keeping  or  restoring  peace  have  failed,  it  may 
prove  to  have  real  and  practical  value.  It  is  certain  that, 
by  the  Continental  States  of  Europe,  it  has  been  exceed- 
ingly well  received. 

The  Convention  for  the  peaceful  adjustment  of  interna- 
tional differences,  if  ratified  by  the  Senate,  will  require 
no  special  enabling  legislation  on  the  part  of  Congress, 
beyond  the  annual  appropriation  of  a  sum  sufficient  to  pay 
the  share  of  the  United  States  of  the  expenses  of  the  Arbi- 
tration Bureau  at  The  Hague.  It  is  provided  that  these 
expenses  shall  be  borne  by  the  Signatory  Powers  in  the 
same  proportion  as  is  now  prescribed  by  the  World's 
Postal  Convention,  so  that  the  share,  even  of  a  great 
Power,  will  be  very  small. 

All  of  which  is  most  respectfully  submitted. 

Andrew  D.  White. 
Seth  Low. 
Frederick  W.  Holls. 


APPENDIX    III 

THE    HUGO    GROTIUS    CELEBRATION   AT    DELET, 
July  4,  1899 


The  one  hundred  and  twenty-third  anniversary  of 
American  Independence,  occurring  during  the  sessions  of 
the  Peace  Conference,  afforded  a  suitable  occasion  for  a 
celebration  under  the  auspices  of  the  American  Commission 
to  the  Conference.  At  the  suggestion  of  Ambassador 
White,  the  President  of  the  American  Commission,  and 
with  the  cordial  approval  of  the  Secretary  of  State,  this 
celebration  took  the  character  of  a  festival  in  honor  of 
Hugo  Grotius,  including  the  deposit  U})()U  his  tonil)  in  the 
Grote  Kerk  of  Delft,  of  a  silver  wreath,  and  a  huu-heon  at 
the  Stadhuis  or  City  Hall  of  Delft  immediately  afterward. 
The  wreath  was  made  by  Eugene  ^Marcus,  Court  Jeweller, 
Berlin,  and.  is  twenty-eight  inches  in  diameter  :  the  leaves 
of  frosted  silver,  on  one  side  being  oak  with  acorns  in 
silver  gilt,  and  on  the  other  side  laurel,  with  berries  in 
silver  gilt.  The  stems  at  the  base  are  held  together  by 
a  large  ribbon  and  bow  of  silver  gilt,  and  upon  this  the 
inscription  is  placed  in  blue  enamel.  Attached  to  this 
ribbon  and  bow  and  held  together  by  it  are  shields  of 
silver  gilt  bearing  in  enamel  on  the  right  side  the  arms 
of  the  Netherlands,  and  on  the  left  those  of  the  United  States 
of  America.    The  inscription  on  the  ribbon  is  as  follows  :  — 

TO  THE  MEMORY  OF  HUGO  CxROTIUS 

Cn  Kcbrrcnrc  anti  (Sratitulic 

FROM    THE    UNITED    STATES    OF    AMERICA    ON    THE    OCCASION    OF 

THE      INTERNATIONAL      PEACE      CONFERENCE       OF      THE      HAGUE 

Jl'LY    4,    1899 

The  celebration  was  held  in  the  apse  of  the  great  church, 
in  front  of  the  tond)  of  Grotius,  —  that  of  William  the 

535 


536  THE    GROTIUS   CELEBRATION 

Silent  being  immediately  adjoining.  A  platform,  upon 
which  the  i)re.siding  officer  and  speakers  were  seated,  was 
erected  between  one  of  the  great  j)illars  of  the  church  and 
the  tomb  of  William  the  Silent.  A  choir  of  one  hundred 
voices,  carefully  selected  from  among  the  best  singers  of 
The  Hague,  and  all  of  whom  had  volunteered  their  ser- 
vices, was  placed  at  the  end  of  the  apse  on  a  slight  eleva- 
tion. The  choir  was  under  the  direction  of  Mr.  Arnold 
Spoel,  Director  of  the  Royal  Conservatory  of  Music  in 
The  Hague. 

The  invited  guests  included  all  members  of  the 
Peace  Conference,  and  all  members  of  the  Dutch  Gov- 
ernment and  the  Diplomatic  Corps  accredited  to  The 
Hague,  the  Deans  of  the  Law  Faculties  of  the  Universities 
of  Leyden,  Utrecht,  Amsterdam,  and  Groningen,  the 
Burgomaster  and  city  authorities  of  Delft,  and  other  dis- 
tinguished visitors,  and  although  the  weather  was  inclem- 
ent, one  of  the  severest  rain-storms  of  the  season  raging  all 
the  morning,  nearly  all  the  invited  guests  were  present. 
At  eleven  o'clock,  which  was  the  hour  set  for  the  commence- 
ment of  the  exercises,  the  apse  and  the  greater  part  of 
the  body  of  the  church  were  well  filled.  Beginning  at  a 
quarter  after  ten  o'clock,  Mr.  John  Kethel,  the  organist 
and  director  of  the  Nieuwe  Kerk  of  Delft,  played  inter- 
national airs  on  the  beautiful  chimes  of  the  church  for 
half  an  hour,  and  at  quarter  before  eleven  o'clock  and 
during  the  arrival  of  the  guests  he  played  an  organ  prel- 
ude, including  the  Russian  National  Anthem,  which  was 
given  at  the  moment  when  Baron  de  Staal,  President  of 
the  Conference,  entered  the  church. 

At  precisely  eleven  o'clock  Jonkheer  van  Karnebeek, 
the  First  Delegate  of  the  Netherlands  to  tlie  Peace  Con- 
ference and  Vice-President  of  the  Conference  itself,  who 
liad  been  chosen  to  preside,  took  the  chair  and  the  exer- 
cises were  opened  by  a  magnificent  rendering,  on  the  jmrt 


THE    GROTIUS   CELEBRATION  537 

of  the  choir,  of  the  selection  from  ]Mendelssohn's  Oratorio 
of  St.  Paul :  "•  How  lovely  are  the  messengers  who  bring 
us  good  tidings  of  Peace,"  which  was  sung  in  the  German 
language. 

Jonkheer  van  Karnebeek  then  delivered  the  following 
address  :  — 

"  Ladies  and  Gentlemen  : 

"•  It  is  the  American  custom  that  every  meeting  should 
be  conducted  by  a  Chairman,  and  it  is  my  good  fortune 
to  enjo}^  the  great  honor  of  having  been  selected  to  act  as 
such  on  the  occasion  of  this  imposing  ceremony,  which  is 
so  flattering  to  my  country,  and  so  highly  valuable  as  a 
proof  of  the  friendly  spirit  of  the  United  States  of  Amer- 
ica toward  the  Netherlands.  It  also  marks  the  sympa- 
thetic disposition  of  the  representatives  of  so  many  nations, 
who  have  come  forward  to  take  part  in  this  pilgrimage  to 
the  '  New  Church '  of  Delft,  which,  in  fact,  is  an  old 
church  full  of  historical  memories  dear  to  the  hearts  of 
my  countrymen. 

"Allow  me  to  state,  in  a  few  words,  what  the  nature  of 
this  ceremony  is. 

"Nowhere,  I  dare  say,  has  the  Peace  Conference,  to  which 
many  of  those  present  belong,  met  with  a  more  liearty  and 
general  sympathy,  than  in  the  United  States  of  America, 
and  it  is  a  token  of  this  feeling,  and  also  —  I  may  some- 
what proudly  say —  as  an  acknowledgment  of  the  recep- 
tion of  the  Conference  by  the  Netherlands,  that  the 
American  Delegation,  in  the  name  of  their  Government, 
desire  to  place  on  the  tomb  of  Hugo  Grotius  a  tribute  of 
honor  to  the  memory  of  a  Dutchman,  Avho  may  be  justly 
reckoned  among  the  principal  founders  of  international 
law  and  international  justice,  with  which  the  Conference, 
now  assembled  at  The  Hague,  is  so  closely  connected. 

"The  American  Delegation  have  asked  you  to  be  kindly 


538  THE    (illOriUS    CELEBRATION 

j)resent  at  their  act  of  sympathy  and  courtesy,  and,  in 
order  to  give  it  additional  significance  as  a  demonstration 
of  the  feelings  prevalent  among  their  people,  they  have 
chosen  for  its  accomplishment  their  great  national  festival, 
the  Fourth  of  July. 

"  Your  responsive  gathering  to  this  call  gives  the  assur- 
ance of  your  good  will  on  this  occasion  and  of  your  inter- 
est in  what  is  about  to  take  place." 

At  the  conclusion  of  his  address,  i\I.  van  Karnebeek 
introduced  M.  de  Vries  van  Heyst,  the  Burgomaster  of 
the  city  of  Delft,  who  briefly  welcomed  the  American 
Delegation  and  their  guests,  in  the  Dutch  language,  on 
behalf  of  the  city. 

The  choir  then  sang  the  Dutch  national  anthem  :  "  Wien 
Neerlandsch  Bloed,"  at  the  conclusion  of  which  the  Chair- 
man introduced  the  President  of  the  Commission  of  the 
United  States,  And)assador  Andrew  D.  White,  who  spoke 
as  follows  :  — 

"  YouK  Excellencies,  Mp..  Burgomaster,  Gentlemen 
OF  the  University  Faculties,  my  Honored  Col- 
leagues OF  THE  Peace  Conference,  Ladies  and 
Gentlemen  : 

"  The  Commission  of  the  United  States  comes  here  this 
day  to  discharge  a  special  duty.  We  are  instructed  to 
acknowledge,  on  behalf  of  our  country,  one  of  its  many 
great  debts  to  the  Netherlands. 

"•  This  debt  is  that  Avhich,  in  common  with  the  whole 
world,  we  owe  to  one  of  whom  all  civilized  lands  are  justly 
proud,  —  the  poet,  the  scholar,  the  historian,  the  states- 
man, the  diplomatist,  the  jurist,  the  author  of  the  treatise 
'De  Jure  Belli  ac  Pacis.' 

"Of  all  works  not  claiming  divine  inspiration,  that  book, 
written  by  a  man  proscribed  and  hated  both  for  his  poli- 


THE    GROTIUS   CELEBRATION  589 

tics  and  liis  religion,  lias  proved  the  greatest  blessing  to 
humanit3^  More  than  any  other  it  has  prevented  unmer- 
ited suffering,  misery,  and  sorrow  ;  more  than  any  other, 
it  has  ennobled  the  military  profession  ;  more  than  any 
other,  it  has  promoted  the  blessings  of  peace  and  diminished 
the  horrors  of  war. 

"  On  this  tomb,  then,  before  which  we  now  stand,  the 
Delegates  of  the  United  States  are  instructed  to  lay  a 
simple  tribute  to  him  whose  mortal  remains  rest  beneath 
it  —  Hugo  de  (xroot,  revered  and  regarded  with  gratitude 
by  thinking  men  throughout  the  world  as  (iuoTii's. 

"  Naturally  we  have  asked  you  to  join  us  in  this  simple 
ceremon}^  For  his  name  has  become  too  great  to  be  cele- 
brated by  his  native  country  alone  ;  too  great  to  be  cele- 
brated by  Europe  alone  :  it  can  only  be  fitly  celebrated  in. 
the  presence  of  representatives  from  the  whole  world. 

"  For  the  first  time  in  human  history  there  are  now 
assembled  delegates  with  a  common  purpose,  from  all  the 
nations  ;  and  they  are  fully  represented  liere.  I  feel 
empowered  to  speak  words  of  gratitude,  not  only  from  my 
own  country  but  from  each  of  these.  I  feel  that  my  own 
country,  though  one  of  the  youngest  in  the  great  sister- 
hood of  nations,  utters  at  this  shrine  to-day,  not  only  her 
own  gratitude  but  that  of  every  part  of  Europe,  of  all  the 
great  Powers  of  Asia,  and  of  the  sister  republics  of  North 
and  South  America.  From  nations  nf)w  civilized,  but  which 
Grotius  knew  only  as  barbarous  ;  from  nations  which  in 
his  time  were  yet  unborn  ;  from  every  land  where  there 
are  men  who  admire  genius,  who  reverence  virtue,  who 
respect  patriotism,  who  are  grateful  to  those  who  have 
given  their  lives  to  toil,  hardshij),  disappointment,  and 
sacrifice,  for  humanity  —  from  all  these  come  thanks  and 
greetings  heartily  mingled  with  our  own. 

"  The  time  and  })lace  are  well  suited  to  the  acknowledg- 
ment of  such  a  debt.     As  to  time,  so  far  as  the  world  at 


540  THE   GROTIUS   CELEBRATION 

large  is  concerned,  1  remind  you  not  only  that  this  is  the 
first  conference  of  the  entire  world,  but  that  it  has,  as  its 
sole  purpose,  a  further  evolution  of  the  principles  Avhich 
Grotius,  first  of  all  men,  developed  thoroughly  and  stated 
effectively.  ISo  far  as  the  United  States  is  concerned,  it 
is  the  time  of  our  most  sacred  national  festival  —  the 
Anniversary  of  our  National  Independence.  What  more 
fitting  period,  then,  in  the  history  of  the  world  and  of 
our  own  country,  for  a  tribute  to  one  who  has  done  so 
much,  not  only  for  our  sister  nations  but  for  ourselves. 

"And  as  to  the  place.  This  is  the  ancient  and  honored 
city  of  Delft.  From  its  Haven,  not  distant,  sailed 
the  Mayflower  —  bearing  the  Pilgrim  Fathers,  who,  in  a 
time  of  obstinate  and  bitter  persecution,  brought  to  the 
American  Continent  the  germs  of  that  toleration  which 
had  been  especially  developed  among  them  during  their 
stay  in  the  Netherlands,  and  of  which  Grotius  was  an 
apostle.  In  this  town  Grotius  was  born  ;  in  this  temple 
he  worshipped ;  this  pavement  he  trod  when  a  child  ; 
often  were  these  scenes  revisited  by  him  in  his  boyhood  ; 
at  his  death  his  mortal  body  was  placed  in  this  hallowed 
ground.  Time  and  place,  then,  would  both  seem  to  make 
this  tribute  fitting. 

"  In  the  vast  debt  which  all  nations  owe  to  Grotius,  the 
United  States  acknowledges  its  part  gladly.  Perhaps  in 
no  other  country  has  his  thought  penetrated  more  deeply 
and  influenced  more  strongly  the  great  mass  of  the  people. 
It  was  the  remark  of  Alexis  de  Tocqueville,  the  most  philo- 
sophic among  all  students  of  American  institutions,  that 
one  of  the  most  striking  and  salutary  things  in  American 
life  is  the  widespread  study  of  law.  De  Tocqueville  was 
undoubtedly  right.  In  all  parts  of  our  country  the  Law 
of  Nations  is  especially  studied  by  large  bodies  of  young 
men  in  colleges  and  universities  ;  studied  not  profession- 
ally merely,  but  from  the  point  of  view  of  men  eager  to 


THE   GROT  I  US   CELEBRATION  541 

understand  the  fundamental  principles  of  international 
rights  and  duties. 

"  The  works  of  our  compatriots,  Wheaton,  Kent,  Field, 
Woolsey,  Dana,  Lawrence,  and  others,  in  developing  more 
and  more  the  ideas  to  which  Grotius  first  gave  life  and 
strength,  show  tliat  our  (u)untry  has  not  cultivated  in 
vain  this  great  field  which  Grotius  opened. 

"As  to  the  bloom  and  fruitage  evolved  by  these  writers 
out  of  the  germ  ideas  of  Grotius,  I  might  give  many  ex- 
amples, but  I  will  mention  merely  three. 

"  The  first  example  shall  be  the  act  of  Abraham  Lincoln. 
Amid  all  the  fury  of  Civil  War,  he  recognized  the  neces- 
sity of  a  more  humane  code  for  the  conduct  of  our  armies 
in  the  field ;  and  he  intrusted  its  preparation  to  Francis 
Lieber,  honorably  known  to  jurists  throughout  the  world, 
and  at  that  time  Grotius's  leading  American  disciple. 

'"  My  second  example  shall  be  the  act  of  General  Ulysses 
Grant.  When  called  to  receive  the  surrender  of  his  great 
opponent,  General  Lee,  after  a  long  and  bitter  contest,  he 
declined  to  take  from  the  vanquished  General  the  sword 
which  he  had  so  long  and  so  bravely  worn  ;  imposed  no 
terms  upon  the  conquered  armies  save  that  they  should 
return  to  their  homes  ;  allowed  no  reprisals  ;  but  simply 
said,  '  Let  us  have  peace.' 

"  My  third  example  shall  be  the  act  of  the  whole  people 
of  the  United  States.  At  the  close  of  that  most  bitter 
contest,  which  desolated  thousands  of  homes  and  which 
cost  nearly  a  million  of  lives,  no  revenge  was  taken  by 
the  triumphant  LTnion  on  any  of  the  separatist  statesmen 
who  had  brought  on  the  great  struggle,  or  on  any  of  the 
soldiers  who  had  conducted  it  ;  and,  from  that  day  to  this, 
North  and  South,  once  every  year,  on  Decoration  Day, 
the  graves  of  those  who  fell  wearing  the  blue  of  the  North 
and  the  gray  of  the  South  are  alike  strewn  with  flowers. 
Surely  I  may  claim  for  my  countrymen   that,  whatever 


542  THE    Gil  on  US   CELEBRATION 

other  shortcomings  and  faults  may  be  imputed  to  them, 
they  have  shown  themselves  influenced  by  those  feelings 
of  mercy  and  humanity  which  Grotius,  more  than  any 
other,  brought  into  the  modern  world. 

"In  the  presence  of  this  great  body  of  eminent  jurists 
from  the  Courts,  the  Cabinets,  and  the  Universities  of  all 
nations,  I  will  not  presume  to  attempt  any  full  develop- 
ment of  the  principles  of  Grotius  or  to  estimate  his  work; 
but  I  will  briefly  present  a  few  considerations  regarding 
his  life  and  work  which  occur  to  one  who  lias  contem- 
plated them  from  another  and  distant  country. 

"  There  are,  of  course,  vast  advantages  in  the  study  of 
so  great  a  man  from  the  nearest  point  of  view  ;  from  his 
own  land,  and  by  those  who  from  their  actual  experience 
must  best  know  his  environment.  But  a  more  distant 
point  of  view  is  not  without  its  uses.  Those  who  culti- 
vate the  slopes  of  some  vast  mountain  know  it  best  ;  yet 
those  who  view  it  from  a  distance  may  sometimes  see  it 
brought  into  new  relations  and  invested  with  new  glories. 

"  Separated  thus  from  the  native  land  of  (jrotius  by  the 
Atlantic,  and  perhaps  by  a  yet  broader  ocean  of  custom- 
ary thinking  ;  unbiassed  by  any  of  that  patriotism  so 
excusable  and  indeed  so  laudable  in  the  land  where  he 
was  born  ;  an  American  jurist  naturally  sees,  first,  the 
relations  of  Grotius  to  the  writers  who  preceded  him. 
He  sees  other  and  lesser  mountain  peaks  of  thought 
emerging  from  the  clouds  of  earlier  history,  and  he 
acknowledges  a  debt  to  such  men  as  Isidore  of  Seville, 
Suarez,  Ayala,  and  Gentilis.  But,  when  all  this  is 
acknowledged,  he  clearly  sees  Grotius,  while  standing 
among  these  men,  grandly  towering  above  them.  He 
sees  in  Grotius  the  first  man  who  brought  the  main  prin- 
ciples of  those  earlier  thinkers  to  bear  upon  modern  times; 
—  increasing  them  from  his  own  creative  mind,  strength- 
ening  them  from  the  vast  stores  of  his  knowledge,  en- 


THE   GROTIUS   CELEBRATION  54:3 

ricliing  them  from  his  imagination,  glorifying  them  witli 
his  genius. 

"  His  great  mind  brooded  over  that  earlier  chaos  of 
opinion,  and  from  his  heart  and  brain,  more  than  from 
those  of  any  other,  came  a  revelation  to  the  modern  world 
of  new  and  better  paths  toward  mercy  and  peace.  But 
his  agency  was  more  tlian  that.  His  coming  was  like 
the  rising  of  the  sun  out  of  the  primeval  abyss  :  his  work 
was  both  creative  and  illuminative.  We  may  reverently 
insist  that,  in  the  domain  of  International  Law,  Grotius 
said  '  Let  there  be  light,'  and  there  was  light. 

"  The  light  he  thus  gave  has  blessed  the  earth  for  these 
three  centuries  past,  and  it  will  go  on  through  many  cen- 
turies to  come,  illuminating  them  ever  more  and  more. 

"  I  need  hardly  remind  you  that  it  was  mainly  unheeded 
at  first.  Catholics  and  Protestants  alike  failed  to  recog- 
nize it  —  'The  light  shone  in  the  darkness,  and  the  dark- 
ness comprehended  it  not.'  By  Calvinists  in  Holland 
and  France,  and  by  Lutherans  in  Germany,  his  great  work 
was  disregarded  if  not  opposed  ;  and  at  Rome  it  was 
placed  on  the  Index  of  books  forbidden  to  be  read  by 
Christians. 

"  The  book,  as  3'ou  know,  was  published  amid  the  hor- 
rors of  the  Thirty  Years'  War  ;  the  great  Gustavus  is 
said  to  have  carried  it  with  him  always,  and  he  evidently 
at  all  times  bore  its  principles  in  his  heart.  But  he  alone 
amongf  all  the  grreat  commanders  of  his  time  stood  for 
mercy.  All  the  cogent  arguments  of  Grotius  could  not 
prevent  the  fearful  destruction  of  ^Magdeburg,  or  dimin- 
ish, so  far  as  Ave  can  now  see,  any  of  the  atrocities  of  that 
fearful  period. 

"  Grotius  himself  may  well  have  been  discouraged  ;  he 
may  well  liave  repeated  the  words  attributed  to  the  great 
Swedisli  Chancellor,  whose  Ambassador  he  afterward 
became,    '  Go    forth,    my    son,    and    see    with    how    little 


544  THE    aiiOTlUS   CELEBRATION 

wisdom  the  world  is  governed.'  He  may  well  have  de- 
spaired as  he  reflected  that  throughout  his  whole  life  he 
had  never  known  his  native  land  save  in  perpetual,  heart- 
rending war  ;  nay,  he  may  well  liave  been  excused  for 
thinking  that  all  his  work  for  humanity  had  been  in  vain, 
when  there  came  to  his  deathbed  no  sign  of  any  ending 
of  the  terrible  war  of  thirty  years. 

"  For  not  until  three  years  after  he  was  laid  in  this  tomb 
did  the  Plenipotentiaries  sign  the  Treaty  of  Miinster. 
All  this  disappointment  and  sorrow  and  life-long  martyr- 
dom invests  him,  in  the  minds  of  Americans,  as  doubtless 
in  your  minds,  with  an  atmosphere  of  sympathy,  venera- 
tion, and  love. 

"  Yet  we  see  that  the  great  light  streaming  from  his 
heart  and  mind  continued  to  shine  ;  that  it  developed 
and  fructified  human  thought  ;  that  it  warmed  into  life 
new  and  glorious  growths  of  right  reason  as  to  interna- 
tional relations  ;  and  we  recognize  the  fact  that,  from 
his  day  to  ours,  the  progress  of  reason  in  theory,  and  of 
mercy  in  practice,  has  been  constant,  on  both  sides  of  the 
Atlantic. 

"  It  may  be  objected  that  this  good  growth,  so  far  as 
theory  was  concerned,  was  sometimes  anarchic,  and  that 
many  of  its  developments  were  very  different  from  any 
that  Grotius  intended  or  would  have  welcomed.  For  if 
Puffendorff  swerved  much  from  the  teachings  of  his  great 
master  in  one  direction,  others  swerved  even  more  in 
other  directions; — and  all  created  systems  more  or  less 
antagonistic.  Yet  we  can  now  see  that  all  these  contrib- 
uted to  a  most  beneficent  result,  —  to  the  growth  of  a 
practice  ever  improving,  ever  deepening,  ever  widening, 
ever  diminishing  bad  faith  in  time  of  peace  and  cruelty 
in  time  of  war. 

"  It  has  also  been  urged  that  the  system  which  Grotius 
gave  to  the  world   has   been  utterly  left   behind  as  the 


THE   GROTIUS   CELEBRATION  545 

world  has  gone  on  ;  that  the  great  writers  on  Interna- 
tional Law  in  the  present  day  do  not  aecept  it ;  that  Gro- 
tius  developed  ev^ery thing  out  of  an  idea  of  natural  law 
which  was  merely  the  creation  of  his  own  mind,  and 
based  everything  on  an  origin  of  jural  rights  and  duties 
which  never  had  any  real  being  ;  that  he  deduced  his 
principles  from  a  divinely  planted  instinct  which  many 
thinkers  are  now  persuaded  never  existed,  acting  in  a 
way  contrary  to  everything  revealed  by  modern  discov- 
eries in  the  realm  of  history. 

"  It  is  at  the  same  time  insisted  against  Grotius  that  he 
did  not  give  sufficient  recognition  to  the  main  basis  of 
the  work  of  modern  international  jurists ;  to  positive  law, 
slowly  built  on  the  principles  and  practice  of  various  na- 
tions in  accordance  with  their  definite  agreements  and 
adjustments. 

"^  In  these  charges  there  is  certainly  truth  ;  but  I  trust 
that  you  will  allow  one  from  a  distant  country  to  venture 
an  opinion  that,  so  far  from  being  to  the  discredit  of 
Grotius,  this  fact  is  to  his  eternal  honor. 

"  For  there  was  not  and  there  could  not  be  at  that  period, 
anything  like  a  body  of  positive  International  Law  ade- 
quate to  the  new  time.  The  spirit  which  most  thoroughly 
permeated  the  whole  world,  whether  in  war  or  peace, 
when  Grotius  wrote,  was  the  spirit  of  Machiavelli  — 
unmoral :  immoral.  It  had  been  dominant  for  more  than 
a  hundred  years.  To  measure  the  service  rendered  by 
the  theory  of  Grotius,  we  have  only  to  compare  Machia- 
velli's  '  Prince '  with  Grotius's  'De  Jure  Belli  ac  Pacis.' 
Grant  that  Grotius's  basis  of  International  Law  was,  in 
the  main,  a  theory  of  natural  law  which  is  no  longer  held  : 
grant  that  he  made  no  sufficient  recognition  of  positive 
law  ;  we  must  nevertheless  acknowledge  that  his  system, 
at  the  time  he  presented  it,  was  the  only  one  which  could 
ennoble  men's  theories  or  reform  their  practice. 

2n 


o4G  THE   GROriUS   CELEBRATION 

"  From  his  own  conception  of  the  attitude  of  the 
Divine  Mind  toward  all  the  falsities  of  his  time  grew 
a  theory  of  international  morals  which  supplanted  the 
principles  of  Machiavelli  :  from  his  conception  of  the 
attitude  of  the  Divine  Mind  toward  all  the  cruelties 
which  he  had  himself  known  in  the  Seventy  Years'  War 
of  the  Netherlands,  and  toward  all  those  of  which  tidings 
were  constantly  coming  from  the  German  Thirty  Years' 
War,  came  inspiration  to  promote  a  better  practice  in 
war. 

"To  one,  then,  looking  at  Grotius  from  afar,  as  doubt- 
less to  many  among  yourselves,  the  theory  which  Grotius 
adopted  seems  the  only  one  which,  in  his  time,  could 
bring  any  results  for  good  to  mankind. 

"  I  am  also  aware  that  one  of  the  most  deservedly  emi- 
nent historians  and  publicists  of  the  Netherlands,  during 
our  own  time,  has  censured  Grotius  as  the  main  source 
of  the  doctrine  which  founds  human  rights  upon  an  early 
social  compact,  and,  therefore,  as  one  who  proposed  the 
doctrines  which  have  borne  fruit  in  the  writings  of  Rous- 
seau, and  in  various  modern  revolutions. 

"  I  might  take  issue  with  this  statement ;  or  I  might  fall 
back  upon  the  claim  that  Grotius's  theory  has  proved,  at 
least,  a  serviceable  provisional  hypothesis  ;  but  this  is 
neither  the  time  nor  the  place  to  go  fully  into  so  great  a 
question.  Yet  I  may  at  least  say  that  it  would  ill  become 
me,  as  a  representative  of  the  United  States,  to  impute 
to  Grotius  as  a  fault,  a  theory  out  of  Avhich  sprang  the 
nationality  of  my  country  :  a  doctrine  embodied  in  that 
Declaration  of  Independence  which  is  this  day  read  to 
thousands  on  thousands  of  assemblies  in  all  parts  of  the 
United  States,  from  the  Atlantic  to  the  Pacific,  and  from 
the  Great  Lakes  to  the  Gulf  of  Mexico. 

"  But  however  the  Old  World  may  differ  from  the  New 
on  this  subject,   may  we  not  all    agree    that,   whatever 


rilE  a  ROT  I  us   CELEBRATION  547 

Grotius's  responsibility  for  this  doctrine  may  be,  its  evils 
would  have  been  infinitely  reduced  could  tlie  men  who 
developed  it  have  caught  his  spirit  .  .  .  his  spirit  of 
broad  toleration,  of  wide  sympath}',  of  wise  moderation, 
of  contempt  for  'the  folly  of  extremes,'  of  search  for  the 
great  principles  which  unite  men  rather  than  for  the  petty 
differences  which  separate  them  ? 

"It  has  also  been  urged  against  Grotius  that  his  inter- 
pretation of  the  words  jus  goitium  was  a  mistake,  and 
that  other  mistakes  have  flowed  from  this.  Grant  it  ; 
yet  we,  at  a  distance,  l)elieve  that  we  see  in  it  one  of 
the  happiest  mistakes  ever  made  ;  a  mistake  comparal)le  in 
its  fortunate  results  to  that  made  by  Columbus  when  he 
interpreted  a  statement  in  our  sacred  books  regarding  the 
extent  of  the  sea  as  compared  with  the  land,  to  indicate 
that  the  western  continent  could  not  be  far  from  Spain, — 
a  mistake  which  probably  more  than  anything  else  encour- 
aged him  to  sail  for  the  New  World. 

"  It  is  also  not  unfrequently  urged  by  eminent  European 
Avriters  that  Grotius  dwelt  too  little  on  wdiat  International 
Law  really  was,  and  too  much  on  what,  in  his  opinion,  it 
ought  to  be.  This  is  but  another  form  of  an  argument 
against  him  already  stated.  Bat  is  it  certain  after  all 
that  Grotius  was  so  far  wrong  in  this  as  some  excellent 
jurists  have  thought  him  ?  May  it  not  be  that,  in  the 
not  distant  future.  International  Law,  while  mainly  bas- 
ing its  doctrines  upon  wdiat  nations  have  slowly  developed 
in  practice,  may  also  draw  inspiration,  more  and  more, 
from  '  That  Power  in  the  Universe  not  ourselves,  which 
makes  for  Righteousness.' 

"An  American,  recalling  that  greatest  of  all  arbitrations 
yet  known,  the  Geneva  Arbitration  of  1872,  naturally 
attributes  force  to  the  reast)ning  of  Grotius.  The  heavy 
damasfes  which  tlie  United  States  asked  at  that  time  and 
which  Great  Britain  honorably  paid  were  justified  mainly, 


548  THE   GROTIUS   CELEBRATION 

if  not  wholly,  not  on  the  practice  of  nations  then  existing, 
but  upon  what  it  was  claimed  ought  to  be  the  practice  ;  not 
upon  positive  law,  but  upon  natural  justice  ;  and  that 
decision  forms  one  of  the  happiest  landmarks  in  modern 
times ;  it  ended  all  quarrel  between  the  two  nations 
concerned,  and  bound  them  together  more  firmly  than 
ever. 

"  But  while  there  may  be  things  in  the  life  and  work  of 
Grotius  which  reveal  themselves  differently  to  those  who 
study  him  from  a  near  point  of  view  and  to  those  who 
behold  him  from  afar,  there  are  thoughts  on  which  we  may 
all  unite,  lessons  which  we  may  learn  alike,  and  encour- 
agements which  may  strengthen  us  all  for  the  duties  of 
this  present  hour. 

"For  as  we  now  stand  before  these  monuments,  there 
come  to  us  not  only  glimpses  of  the  irony  of  history,  but 
a  full  view  of  the  rewards  of  history.  Resounding  under 
these  arches  and  echoing  among  these  columns,  prayer  and 
praise  have  been  heard  for  five  hundred  years.  Hither 
came,  in  hours  of  defeat  and  hours  of  victory,  that  mighty 
hero  whose  remains  rest  in  yonder  shrine  and  whose  fame 
is  part  of  the  world's  fairest  heritage.  But  when,  just 
after  William  the  Silent  had  been  laid  in  the  vaults  be- 
neath our  feet,  Huig  de  Groot,  as  a  child,  gazed  with  won- 
der on  this  grave  of  the  father  of  his  country,  and  when, 
in  his  boyhood,  he  here  joined  in  prayer  and  praise,  and 
caught  inspiration  from  the  mighty  dead,  no  man  knew 
that  in  this  beautiful  boy  —  opening  his  eyes  upon  these 
scenes  which  we  now  behold  —  not  only  the  Netherlands, 
but  the  whole  human  race,  had  cause  for  the  greatest  of 
thanksgivings. 

"  And  when,  in  perhaps  the  darkest  hour  of  modern 
Europe,  in  1625,  his  great  book  was  born,  yonder  organ 
might  well  have  pealed  forth  a  most  triumphant  Te 
Deum  ;  —  but  no  man  recocfnized  the  blessino^  which  in 


THE   GROTIUS   CELEBRATION  549 

that  hour  had  been  vouchsafed  to  mankind  :  no  voice  of 
thanksgiving  was  heard. 

"  But  if  the  dead,  as  we  fondly  hope,  live  beyond  the 
grave  :  if,  undisturbed  by  earthly  distractions,  they  are 
all  the  more  observant  of  human  affairs  :  if,  freed  from 
earthly  trammels,  their  view  of  life  in  our  lower  world  is 
illumined  by  that  infinite  light  which  streams  from  the 
source  of  all  that  is  true  and  beautiful  and  good,  may  we 
not  piously  believe  that  the  mighty  and  beneficent  shade 
of  William  of  Orange  i-ecognized  with  joy  the  birth-hour 
of  Grotius  as  that  of  a  compatriot  who  was  to  give  the 
Netherlands  a  lasting  glory  ?  May  not  that  great  and 
glorious  spirit  have  also  looked  lovingly  upon  Grotius,  as 
a  boy,  lingering  on  this  spot  where  we  now  stand,  and  rec- 
ognized him  as  one  whose  work  was  to  go  on  adding  in 
every  age  new  glory  to  the  nation  which  the  mighty 
Prince  of  the  House  of  Orange  had,  by  the  blessing  of 
God,  founded  and  saved  ;  may  not,  indeed,  that  great 
mind  have  foreseen,  in  that  divine  light,  another  glory  not 
then  known  to  mortal  ken  ?  Who  shall  say  that  in  the 
effluence  of  divine  knowledge  he  may  not  have  beheld 
Grotius,  in  his  full  manhood,  penning  the  pregnant  words 
of  the  '  De  Jure  Belli  ac  Pacis,'  and  that  he  may  not  have 
foreseen  —  as  largely  resulting  from  it  —  what  we  behold 
to-day,  as  an  honor  to  the  August  iNIonarch  who  convoked 
it,  to  the  Netherlands  who  have  given  it  splendid  hospi- 
tality, and  to  all  modern  states  here  represented  :  the  first 
Conference  of  the  entire  world  ever  held  ;  and  that  Con- 
ference assembled  to  increase  the  securities  for  peace  and 
to  diminish  the  horrors  of  war. 

"  For,  my  Honored  Colleagues  of  the  Peace  Conference, 
the  germ  of  this  work  in  which  we  are  all  so  earnestly 
engaged,  lies  in  a  single  sentence  of  (xrotius's  great  book. 
Others  indeed  had  proposed  plans  for  the  peaceful  settle- 
ment of   differences  between  nations,  and  the  world  re- 


550  THE   GROTIUS   CELEBRATION 

members  tlieiii  witli  honor  :  to  all  of  them,  from  Henry 
IV  and  Kant  and  St.  Pierre  and  Penn  and  Bentham,  down 
to  the  humblest  writer  in  favor  of  peace,  we  may  well  feel 
grateful  ;  but  the  germ  of  arbitration  was  planted  in  mod- 
ern thought  when  Grotius,  urging  arbitration  and  media- 
tion as  preventing  war,  wrote  these  solemn  words  in  the 
*■  De  Jure  Belli  ac  Paeis'  :  '■  Maxime  aufem  chriHtiajii  reges 
et  civitates  tenentur  hanc  inire  viam  ad  anna  vitanda.''  ^ 

"  jNIy  Honored  Colleagues  and  friends,  more  than  once 
I  have  come  as  a  pilgrim  to  this  sacred  shrine.  In  my 
young  manhood,  more  tlian  thirty  years  ago,  and  at  vari- 
ous times  since,  I  have  sat  here  and  reflected  upon  what 
these  mighty  men  here  entombed  have  done  for  the  world, 
and  what,  though  dead,  they  yet  speak  to  mankind.  I 
seem  to  hear  them  still. 

"  From  this  tomb  of  William  the  Silent  comes,  in  this 
hour,  a  voice  bidding  the  Peace  Conference  be  brave,  and 
true,  and  trustful  in  That  Power  in  the  Universe  which 
works  for  Righteousness. 

"  From  this  tomb  of  Grotius  I  seem  to  hear  a  voice 
which  says  to  us  as  the  delegates  of  the  Nations  :  '  Go  on 
with  your  mighty  work  :  avoid,  as  you  would  avoid  the 
germs  of  pestilence,  those  exhalations  of  international 
hatred  Avhich  take  shape  in  monstrous  fallacies  and  mor- 
bid fictions  regarding  alleged  antagonistic  interests. 
Guard  well  the  treasures  of  civilization  with  which  each 
of  you  is  intrusted  ;  but  bear  in  mind  that  you  hold 
a  mandate  from  humanity.  Go  on  with  your  work. 
Pseudo-philosophers  will  prophesy  malignantly  against 
you :  pessimists  will  laugh  you  to  scorn :  cynics  will 
sneer  at  you  :  zealots  will  abuse  you  for  what  you  have 
not  done  :  sublimely  unpractical  thinkers  will  revile  you 
for  what  you  have  done  :  ephemeral  critics  will  ridicule 
you   as   dupes  :  enthusiasts,   blind   to    tlie    difficulties   in 

1  Grotius,  '^De  Jure  Eelli  ac  Pacis,"  II,  Cap.  23,  II  3. 


THE  GROTIUS   CELEBRATION  551 

your  patli  and  to  eveiything  outside  their  little  circum- 
scribed fields,  will  denounce  you  as  traitors  to  liumanity. 
Heed  them  not  :  go  on  with  your  work.  Heed  not  the 
clamor  of  zealots,  or  cynics,  or  pessimists,  or  pseudo-phi- 
losophers, or  enthusiasts,  or  fault-finders.  Go  on  with  the 
work  of  strengthening-  peace  and  humanizing  war  :  give 
greater  scope  and  strength  to  provisions  which  will  make 
war  less  cruel  :  perfect  those  laws  of  war  which  diminish 
the  unmerited  sufferings  of  populations  :  and,  above  all, 
give  to  the  world  at  least  a  beginning  of  an  effective, 
practicable  scheme  of  arbitration.' 

"  These  are  the  words  which  an  American  seems  to 
hear  issuing  from  this  shrine  to-day  ;  and  I  seem  also  to 
hear  from  it  a  prophecy.  I  seem  to  hear  Grotius  saying 
to  us  :  '  Fear  neither  opposition  nor  detraction.  As  my 
own  book,  which  grew  out  of  the  horrors  of  the  Wars  of 
Seventy  and  the  Thirty  Years'  War,  contained  the  germ 
from  which  your  great  Conference  has  grown,  so  your 
work,  which  is  demanded  by  a  world  bent  almost  to 
breaking  under  the  weight  of  ever  increasing  armaments, 
shall  be  a  germ  from  which  future  Conferences  shall 
evolve  plans  ever  fuller,  better,  and  nobler.'  And  I  also 
seem  to  hear  a  message  from  him  to  the  jurists  of  the 
great  universities  who  honor  us  with  their  presence 
to-day,  including  especially  that  renowned  University  of 
Leyden  which  gave  to  Grotius  his  first  knowledge  of  the 
law  ;  and  that  eminent  University  of  Konigsberg  which 
gave  him  his  most  philosophical  disciple  :  to  all  of  these 
I  seem  to  hear  him  say  :  '  Go  on  in  your  labor  to  search 
out  the  facts  and  to  develop  the  principles  which  shall 
enable  future  Conferences  to  build  more  and  more 
broadly,  more  and  more  loftily  for  peace.' 

"  And  now.  Your  Excellencies,  Mr.  Burgomaster,  and 
Honored  Deans  of  the  various  Universities  of  the  Nether- 
lands, a  simple  duty  remains  to  me.     In  accordance  with 


552  rilE   G  Ron  US  CELEBRATION 

instructions  from  the  President  and  on  behalf  of  the  Peo- 
ple of  the  United  States  of  America,  the  American  Com- 
mission at  the  Peace  Conference,  by  my  hand,  lays  on  the 
Tomb  of  Grotius  this  simple  tribute.  It  combines  the 
oak,  symbolical  of  civic  virtue,  with  the  laurel,  symbolical 
of  victory.  It  bears  the  following  inscription:  '  To  the 
Memory  of  Hugo  Grotius  /  In  Reverence  and  Gratitude  / 
From  the  United  States  of  America/ On  the  Occasion  of 
the  International  Peace  Conference  at  The  Hague  /  July 
4,  1899,'  /  and  it  encloses  two  shields,  one  bearing  the 
arms  of  the  House  of  Orange  and  of  the  Netherlands, 
the  other  bearing  the  arms  of  the  United  States  of  Amer- 
ica ;  and  both  these  shields  are  bound  firmly  together. 
They  represent  the  gratitude  of  our  country,  one  of  the 
youngest  among  the  nations  of  the  earth,  to  this  old  and 
honored  Commonwealth  ;  gratitude  for  great  services  in 
days  gone  by,  gratitude  for  recent  courtesies  and  kind- 
nesses ;  and,  above  all,  they  represent,  to  all  time,  a  union 
of  hearts  and  minds,  in  both  lands,  for  peace  between  the 
nations." 

At  the  conclusion  of  Mr.  White's  address,  the  box  in 
which  the  wreath  had  been  enclosed,  and  which  was  on  a 
table  immediately  in  front  of  the  speaker,  was  opened,  and 
Mr.  AVliite,  taking  the  wreath,  attached  it  to  the  tomb  of 
Grotius. 

The  choir  then  sang  the  Dutch  national  anthem 
"  Wilhelmus  van  Nassouwe,"  the  audience  standing. 

The  Chairman  thereupon  introduced  His  Excellency, 
W.  H.  de  Beaufort,  Minister  of  Foreign  Affairs  of  the 
Government  of  the  Netherlands,  who  spoke  as  follows  :  — 

"  The  Queen's  government  has  conferred  on  me  the 
honorable  task  of  expressing  its  sincere  gratitude  to  the 
American  Delegates  and  the  Government  of  the  United 


THE  GROTIUS  CELEBRATION  553 

States  which  tliey  represent,  for  phicing  a  wreatli  on  tlie 
tomb  of  Hugo  de  Groot. 

"  The  ceremony  of  to-tlay  will,  I  am  sure,  make  a  deep 
impression  throughout  our  whole  country.  We  Holland- 
ers are  proud  of  our  glorious  history,  and  the  memory 
of  our  great  men  in  ])ast  centuries  is  dear  to  us  all.  We 
are  pleased  to  see  them  appreciated  1)y  foreigners,  and 
especially  when  these  foreigners  are  citizens  of  a  coun- 
try for  which  we  feel  so  much  respect  and  regard.  We 
have  been  closely  connected  by  historical  traditions  with 
America.  The  first  settlers  on  the  banks  of  the  Hudson 
River  were  Hollanders,  and  we  alwa3's  remember,  not 
without  a  certain  pride,  that  it  was  a  Dutch  captain  who 
was  the  first  to  salute  the  stars  and  stripes.  To-day  we 
salute  your  star-spangled  banner  in  our  own  country,  and 
while  celebrating  with  you  your  Independence  Day,  we 
beg  you  to  accept  our  best  wishes  for  the  welfare  of  j-our 
country. 

"  Your  country  is  one  of  the  largest  of  the  world,  and 
ours  is  one  of  the  smallest,  but  we  have  one  thing  in  com- 
mon, which  is  that  we  both  have  won  our  country  and  its 
independence  by  our  own  valor. 

"  We  have  had  the  advantage  in  the  last  weeks  of 
extending  hospitality  to  some  of  the  most  eminent  men 
of  the  United  States,  who  came  here  to  give  their  valua- 
ble aid  for  the  realization  of  the  noble  designs  framed  by 
the  Emperor  of  Russia  and  applauded  by  the  whole  civil- 
ized world,  of  founding  international  law  on  the  basis  of 
justice  and  peace.  It  is  a  matter  of  course  that,  having 
in  mind  this  noble  task,  our  thoughts  have  ])een  called 
back  to  the  great  man  who  found  his  last  resting  place 
under  the  vaults  of  this  church,  and  who  has  always  been 
venerated  as  the  founder  of  the  science  of  international 
law, 

"  When  he  wrote  his  admirable  work  '  De  Jure  Belli  ac 


554  THE   GROTIUS  CELEBRATION 

Pacis,'  America  was  still  a  great  wilderness  with  a  few 
scattered  European  settlements.  Still,  he  knew  America 
and  took  an  interest  in  it,  for  he  wrote  a  small  and  very 
remarkable  tract  on  the  antipathy  of  the  original  inhabi- 
tants of  America. 

"  More  than  two  centuries  and  a  half  have  since  elapsed, 
and  if  Grotius  came  back  into  this  world  and  stood  in  the 
midst  of  us,  how  great  would  be  his  astonishment  when 
hearing  that  the  inhabitants  of  America  had  come  here 
to  pay  homage  to  his  memory  ;  but  at  the  same  time  he 
would  express  his  joy  and  his  satisfaction  when  learning 
that  the  noble  and  generous  principles  he  advocated 
during  his  lifetime  had  taken  root  throughout  the  whole 
Avorld,  and  I  am  sure  he  would  exclaim,  ^  Thanks  to  God, 
I  have  not  lived  in  vain.' 

"  For  the  purpose  of  acknowledging  the  great  merits  of 
Grotius,  a  wreath  has  been  placed,  by  order  of  the  Ameri- 
can Government,  on  his  tomb.  I  sincerely  hope  that  this 
fine  and  precious  work  of  art  will  remain  forever  on  the 
place  where  it  it  is  now  fixed.  May  the  numerous  visit- 
ors of  this  church  look  on  it  with  a  sentiment  of  grati- 
tude and  admiration.  May  it  act  as  a  stimulus  for  future 
generations  in  their  exertions  in  behalf  of  still  further 
reforms  in  the  practice  of  international  law,  and,  last  not 
least,  may  this  wreath  be  an  everlasting  emblem  of  the 
friendly  relations  between  America  and  Holland,  and  a 
guarantee  for  the  unbroken  continuance  of  that  historical 
friendship  of  which  America  gives  us  on  this  memorable 
day  such  a  splendid  and  highly  valued  testimony." 

The  Chairman  then  announced  that  a  message  had  been 
received  from  His  Majesty,  the  King  of  Sweden  and  Nor- 
way, representing  the  country  in  whose  service  Grotius 
had  spent  many  years  of  his  life,  and  he  thereupon  intro- 
duced Baron   de    Bildt,   First    Delegate   of    Sweden   and 


THE   GROTIUS   CELEBRATION  555 

Norway,  who  stated  that  lie  liad  been  directed  by  tele- 
graph to  offer  the  sincere  congratulations  and  good  wishes 
of  His  ^Majesty,  the  King  of  Sweden  and  Norway,  to  the 
Commission  of  the  United  States  of  America  and  to  the 
Government  of  tlie  Netherlands,  on  the  occasion  of  this 
celebration.  He  added  that  the  memory  of  Grotius  would 
always  be  highly  cherished  in  the  speaker's  native  coun- 
irj^  which  Grotius  had  served  so  long  and  so  faitlifull3\ 

The  Chairman  thereupon  introduced  the  Honorable 
T.  M.  C.  Asser,  Delegate  to  the  Peace  Conference  from 
the  Netherlands,  and  President  of  the  Institute  of  Inter- 
national Law,  who  spoke  as  follows  :  — 

"  Ladies  and  Gentlemen  : 

"  Having  the  honor  to  be  the  President  of  the  Institute 
of  International  Law,  I  consider  it  my  duty  to  add  a  few 
words,  in  the  name  of  that  body,  to  the  eloquent  speeches 
that  we  have  heard. 

"  It  is  a  great  pleasure  for  the  members  of  the  Institute 
who  attend  this  meeting,  in  their  capacity  of  delegates  to 
the  Peace  Conference,  to  declare  through  their  President 
that  they  fully  sympathize  with  the  congratulations  and 
the  thanks  addressed  to  the  eminent  American  delegates, 
—  congratulations  on  this  most  important  memorial  day, 
thanks  for  their  homage  to  the  father  of  our  science  — 
my  great  Compatriot,  Hugo  (jlrotius. 

"And  these  thanks.  Ladies  and  Gentlemen,  do  not  only 
concern  the  splendid  ceremony  of  this  day.  Our  grati- 
tude is  inspired,  above  all,  by  the  most  valuable  services 
that  American  jurists  and  American  statesmen  have  ren- 
dered to  the  development  of  International  Law. 

"  The  Annals  of  our  Institute  show  the  great  influence 
that  American  science  and  practice  have  exercised  upon 
its  resolutions. 


55G  THE  anon  US   CELEBRATION 

"  Among  tlie  founders  of  the  Institute  we  read  the  name 
of  the  celebrated  American  jurist  David  Dudley  Field, 
the  first  who,  in  his  Draft  Outlines  of  an  International 
Code,  undertook  to  formulate  precise  rules  for  the  legal 
intercourse  between  the  different  nations,  and  between 
the  citizens  of  different  states. 

"  During  a  quarter  of  a  centur3%  our  Institute  has  de- 
voted its  best  force  to  this  work  of  codification,  after  hav- 
ing by  serious  and  uninterrupted  endeavors  succeeded  in 
establishing  a  communis  opinio  on  many  matters,  with  re- 
gard to  which  there  was  a  gi-eat  divergence  between  the 
jurists  of  different  nationalities. 

"•  This  is  neither  the  place  nor  the  time  to  recount  the 
results  which  have  been  obtained. 

"  I  must,  however,  ask  leave  to  mention  that  in  its  first 
scientific  session  at  Geneva,  just  twenty-five  years  ago, 
the  Institute  resolved  that  three  very  important  objects 
ought  to  have  its  attention  before  all  other  matters. 

"The  first  Avas  the  codification  oi  i^rivate  international 
J  a  IV. 

''  The  illustrious  Italian,  Mancini,  then  President  of  the 
Institute,  took  the  initiative  in  this  urgent  reform. 

"  The  Dutch  Government  continued  what  he  had  begun, 
and,  as  a  first  practical  result  of  the  diplomatic  Conference 
which  met  at  The  Hague  in  1893  and  1894,  the  first  page 
of  a  code  of  private  international  law,  having  legal  force 
in  almost  all  continental  Europe,  was  written  in  the  form 
of  a  convention,  and  signed  at  The  Hague  on  November 
14,  1896.  We  hope  that  the  following  pages  of  the  code 
Avill  be  written  in  the  next  years,  as  a  consequence  of  new 
conferences  on  the  subject. 

"  We  also  hope  that,  in  indicating  the  States  which  ac- 
cept the  code,  the  word  '  continental '  may  soon  prove  to 
be  inexact,  and  it  is  our  sincere  wish  that  the  fatherland  of 
the  jurist,  who  in  his  '  Draft  Outlines  '  did  not  omit  the 


THE  GROTIUS  CELEBRATION  557 

rules  of  private  law,  may  join  old  Europe,  so  that  the 
States  united  to  accept  that  code  of  private  interna- 
tional law  may  embrace  the  New  as  well  as  the  Old 
World. 

"The  second  matter  to  which  the  priority  was  granted 
by  the  Institute  concerned  International  Arbitration,  and 
the  rules  of  procedure  to  be  adopted  by  States  that  agree 
to  submit  to  arbitration  the  controversies  arising  between 
them.  A  most  remarkal)le  draft  l)y  the  well-known  Ger- 
man jurist  Professor  Goldschmidt  formed  the  basis  of  the 
Institute's  resolutions. 

''  Since  1874  the  practice  of  International  Arbitration 
has  made  enormous  progress,  and  we  may  now  expect 
that  the  generous  and  magnanimous  initiative  of  His 
Majesty  the  Emperor  of  Russia  will  bring  into  operation 
a  set  of  uniform  rules  for  the  decision  of  international 
controversies,  and  for  the  establishment  of  a  Court  of 
Arbitration. 

"  In  tlie  meantime  the  special  arbitration  treaties,  con- 
cluded by  some  Governments  (among  which  the  Anglo- 
American,  though  not  ratified,  is  one  of  the  most  remark- 
able), have  exercised  a  strong  influence  on  public  oj)inion 
and  the  feelings  of  leading  statesmen ;  and  I  may  add, 
without  being  guilty  of  indiscretion,  that  tlie  Government 
of  the  United  States  is  one  of  those  which  have  provided 
the  Conference  with  most  valuable  materials  for  the  or- 
ganization of  the  new  institution. 

''  The  third  object  chosen  by  the  Institute  in  its  first 
session  has  quite  an  American  character. 

"  The  three  rules  of  the  Washington  treaty  of  1871 
concerning  the  duties  of  neutral  Governments  had  to  be 
examined  on  the  basis  of  pro})osals  made  by  a  Committee, 
to  which  belonged  the  American  scholar  and  jurist, 
Theodore  Woolsey. 

"  I  have  called  this  matter  (piite  American,  because  the 


558  THE   G  It  or  I  US  CELEBRATION 

United  States  had  the  merit  of  permanently  fixing  the 
doctrine  of  neutrality. 

"  When  Grotius  wrote  his  famous  book,  the  state  of  war 
—  and  of  war  in  which  all  nations  were  concerned  — 
was  almost  permanent  in  Europe. 

"  It  was  Grotius's  great  merit  to  have  shown  how  war 
ought  to  be  submitted  to  certain  rules  in  the  interest  of 
humanity  and  of  justice.  Tlie  rights  and  obligations  of 
belligerents  form  tlie  principal  contents  of  his  work. 
Those  of  neutrals  are  indicated  in  a  very  brief  and  rather 
superficial  way. 

"  At  two  great  epochs  —  that  of  the  first  French  revolu- 
tionary war  in  1793,  during  the  administration  of  Washing- 
ton and  the  secretaryship  of  Jefferson,  and  about  twenty-five 
years  later,  in  1818,  Mr.  Monroe  being  President  and 
Mr.  John  Quincy  Adams  Secretary  of  State,  when  the 
Spanish  colonies  in  America  threw  off  their  allegiance 
to  the  mother  country  —  the  United  States  had  the  oppor- 
tunity of  establishing  liberal  and  humane  principles  of 
international  law. 

"  On  the  former  occasion  they  passed  their  first  neutrality 
Statute,  that  of  1794,  and  on  the  latter  the  act  of  Congress 
of  1818,  called  the  amended  foreign  enlistment  act. 

"  One  of  the  greatest  English  authorities  on  international 
law.  Sir  Robert  Phillimore,  says  that  the  British  statute 
was  during  the  next  year  (1819)  carried  through  Parlia- 
ment in  accordance  with  the  American  act  of  Congress. 

"  The  principal  object  of  the  law  of  neutrality  up  to  this 
time  has  been  to  state  the  duties  of  neutrals,  and  the  con- 
ditions under  which  their  neutrality  is  to  be  respected  by 
fthe  belligerents. 

"  If,  in  the  future,  war  should  be  rendered  impossible, 
neutrality  would  cease  to  exist. 

"  As  long,  however,  as  war  may,  from  time  to  time, 
appear  to  be  unavoidable,  it  will  be  a  great  blessing  for 


THE  GROTIUS   CELEBRATION  559 

humanity  if  the  new  Code  of  Neutrality  sliall  not  only 
prevent  neutrals  from  favoring  one  of  the  belligerents  and 
from  disturbing  the  belligerents  in  their  military  opera- 
tions, but  if  it  shall  also  —  and  in  the  first  place  — 
prevent  the  belligerents  from  disturbing  the  neutrals  in 
their  peaceful  occupations,  in  their  trade  and  navigation, 
and  in  the  practice  of  science  and  arts. 

''The  United  States  of  America  would  again  render  an 
immense  service  to  humanity  if  they  induced  the  States 
of  Europe  and  the  other  parts  of  the  world  to  prepare  in 
time  of  peace  a  Code  of  Neutrality  so  favorable  for  the 
pacific  nations,  and  so  severe  with  regard  to  those  who 
may  feel  desirous  to  have  recourse  to  war,  that  it  would 
prove  to  be  in  fact  the  best  guarantee  for  the  maintenance 
of  peace. 

"  This  would  be  a  glorious  task  for  the  statesmen  of  the 
new  world,  in  the  beginning  of  a  new  century ! " 

At  the  conclusion  of  M.  Asser's  speech,  the  choir  sang 
a  magnificent  Dutch  hymn  of  the  sixteenth  century, — 
"Prayer  for  the  Fatherland,"  by  Valerius,  —  whereupon 
the  Chairman  introduced  the  Honorable  Seth  Low,  Com- 
missioner of  the  United  States  of  America,  President  of 
Columbia  University  of  New  York,  who  spoke  as  fol- 
lows :  — 

"Mr.  Chairman,  Ladies  and  Gentlemen: 

"  The  pleasing  task  has  been  devolved  upon  me  of  ex- 
pressing the  thanks  of  the  American  Delegation  to  those 
whose  kindness  has  made  this  occasion  possible. 

"  First  of  all  our  thanks  are  due,  and  are  most  heartily 
given  to  you,  Sir,  for  so  courteously  presiding ;  to  the 
Burgomaster  and  City  of  Delft  and  to  the  Trustees  of  this 
venerable  Church  for  the  generous  hospitality  that  has 
permitted  the   use  of  this  sacred  edifice  and  of  the  City 


560  THE  a R onus   CELEBRATION 

Hall ;  and  to  the  chorus  whose  volunteered  services  have 
added  to  the  proceedings  the  welcome  charm  and  inspira- 
tion of  son^'. 

"•  "VVe  think  ourselves  fortunate,  also,  in  being  able  to 
avail  of  this  opportunity  to  express  our  thanks  to  Her 
Majesty,  the  Queen,  for  the  gracious  kindness  she  has 
shown  to  us  in  common  with  our  colleagues  of  the  Confer- 
ence of  Peace.  It  has  been  to  us  a  sincere  pleasure  to 
liave  the  honor  of  a  presentation  to  Her  Majesty,  for  the 
accents  of  her  voice  when  she  took  the  coronation  oath 
found  an  echo  in  every  American  heart.  Motley  has  en- 
abled us  to  understand  what  it  signifies  when  the  Head  of 
the  House  of  Orange  swears,  '  Je  maintiendrai  ! ' 

"  We  are  glad,  also,  to  offer  our  thanks  to  the  distin- 
guished Minister  of  Foreign  Affairs  of  the  Netherlands, 
his  Excellency,  M.  de  Beaufort,  and,  througli  him,  to  his 
Government  and  the  people  of  The  Hague  for  the  great 
hospitality  in  which  we  have  had  a  share  as  members  of 
the  Conference. 

"  We  are  grateful,  also,  for  the  message  that  has  been 
received  from  His  Majest3%  the  King  of  Sweden  and  Nor- 
way, through  his  distinguished  Representative  at  the 
Conference  of  Peace ;  and  for  the  kind  words  spoken  in 
the  name  of  the  Institute  of  International  Law  by  its 
gifted  and  able  President. 

"  The  International  Conference  at  The  Hague  doubtless 
will  take  its  place  in  history  as  the  first  attempt  on  the 
part  of  the  nations  of  the  East  and  of  the  West,  of  Asia, 
and  Europe  and  America,  to  create  a  body  of  International 
LaAv  by  formal  and  joint  enactment.  Great  national  as- 
semblies have  sprung  from  seeds  not  more  promising  than 
this  ;  so  that  it  is  not  strange  that  men  should  see  in  this 
Conference  a  distinct  step  toward  the  poet's  dream:  '  The 
Parliament  of  Man,  the  Federation  of  the  World.'  Our 
own  Lowell  has  said:  — 


THE   GROriUS  CELEBRATION  5G1 

" '  For  I  believed  the  poets  ;  it  is  they 
Who  gather  wisdom  from  the  central  deep, 
And,  listening  to  the  inner  flow  of  things, 
Speak  to  the  age  out  of  eternity.' 

"  But  those  of  us  who  have  taken  part  in  these  delibera- 
tions, can  never  dissociate  the  experience  from  the  hearty 
Avelcome  we  have  received  in  the  historic  Capital  of  Hol- 
land, —  the  beautiful  city  of  The  Hague.  Both  Peace 
and  Hospitality  appear  to  us  to  have  laid  aside  their  san- 
dals at  The  Hague,  as  if  there  they  had  found  tlieir  perma- 
nent abiding-place. 

"  On  this  day,  so  full  for  Americans  of  thoughts  connected 
with  their  national  independence,  we  may  not  forget  that 
Americans  have  yet  other  grounds  for  gratitude  to  the 
people  of  the  Netherlands.  We  cannot  forget  that  our 
flag  received  its  first  foreign  salute  from  a  Dutch  ofHcer, 
nor  that  the  Province  of  Friesland  gave  to  our  indepen- 
dence its  first  formal  recognition.  By  way  of  Leyden 
and  Delft-Haven  and  Plymouth  Rock,  and  again  by  way 
of  New  Amsterdam,  the  free  public  school  reached  Ameri- 
can shores. 

^  The  United  States  of  America  have  taken  their  name 
from  the  United  States  of  the  Netherlands.  We  have 
learned  from  you  not  only  that  ^  In  Union  there  is 
Strength,'  —  that  is  an  old  lesson,  —  but  also,  in  large 
measure,  how  to  make  '  One  out  of  many.'  From  you  we 
have  learned,  what  we,  at  least,  value,  to  separate  Church 
and  State  ;  and  from  you  we  gather  inspiration  at  all 
times  in  our  devotion  to  learning,  to  religious  libert}',  and 
to  individual  and  national  freedom.  These  are  some  of 
the  things  for  which  we  believe  the  American  people  owe 
no  little  gratitude  to  the  Dutch  ;  and  these  are  the 
things  for  which  to-day,  speaking  in  the  name  of  tlie 
American  people,  we  venture  to  express  their  heartfelt 
thanks." 

2o 


562  THE   anorTUS   CELEBRATION 

The  choir  then  sang  two  verses  of  "  America,"  in  which 
they  were  joined  by  the  audience,  standing,  and  a  post- 
lude,  including  the  "  Star  Spangled  Banner "  and  the 
"  Hallelujah "  Chorus  from  Handel's  "  Messiah,"  ended 
the  celebration. 

At  the  close  of  the  exercises  in  the  church,  the  invited 
guests,  about  three  hundred  and  thirty-eight  in  number, 
sat  down  with  the  American  Commission  to  a  luncheon 
served  in  the  ancient  Town  Hall  of  Delft.  This  building, 
as  well  as  the  colossal  bronze  statue  of  Grotius  standing 
in  front  of  it,  and  the  contemporary  portrait  of  Grotius 
in  the  Hall  of  the  Burgomaster,  was  decorated  with  the 
flags  of  the  Netherlands  and  the  United  States. 

During  the  progress  of  the  luncheon,  the  American 
representatives,  headed  b}^  Ambassador  White,  visited  the 
various  tables,  and  toasts  to  the  President  of  the  United 
States,  the  Queen  of  the  Netherlands,  the  Emperor  of  Rus- 
sia, and  the  President  of  the  Peace  Conference,  as  well  as 
to  the  various  countries  represented,  were  exchanged. 

At  three  o'clock  the  weather  had  moderated,  and  the 
guests  returned  to  The  Hague. 

In  the  evening  the  orchestra  at  Scheveningen  made 
American  national  airs  the  chief  feature  of  the  gala  con- 
cert, which  was  attended  by  most  of  the  members  of  the 
Conference. 


INDEX 


Abdullah  Pascha,  member  from 
Turkey,  51. 

Addresses  and  communications,  com- 
miltee  on,  326. 

Adherence,  question  of,  332. 

Adherence  to  treaty,  articles  on, 
304  ;  withdrawal  from,  304  ;  sig- 
natures to,  305 ;  ratification  of 
treaty,  305. 

Administrative  Council  at  The 
Hague,  275. 

Allegiance,  oath  of,  not  to  be  com- 
pelled. 157. 

Annlo-Saxon  race,  fundamental  soli- 
darity of,  3. 

Appeal  not  allowed  (see  Rehearing). 

Appeals  of  oppressed  nationalities, 
329. 

Appointment  of  attorneys,  coun- 
selors, or  agents,  279. 

Arbitral  award  to  be  read  in  public, 
280  ;  to  decide  dispute  finally  and 
without  appeal,  28(;. 

Arbitral  procedure,  code  of,  276 ; 
rules  of,  277  ;  when  a  sovereign 
or  chief  of  state  is  arbitrator, 
278  ;  two  phases  of,  280  ;  in  open 
court,  281  ;  speci;ii  rules  of,  282. 

Arbitral  tribunal,  how  constituted, 
277  ;  umpire  to  preside  over,  278  ; 
vacancies  to  be  filled,  278  ;  place 
of  sitting,  279  ;  attorneys,  coun- 
selors, and  agents  before,  279 ; 
who  not  to  act  as,  280 ;  powers 
of,  282  ;  oral  arguments  before, 
282 ;  objections  before  tribunal, 
283  ;  motions  before  tribunal,  283  ; 
to  deliberate  with  closed  doors, 


284 ;  que.stions  and  explanations 
before,  283  ;  phases  of  hearing 
before,  284  ;  to  determine  its  own 
jurisdiction,  283 ;  to  prescribe 
.special  rules,  282 ;  award  of  tribu- 
nal. 285  ;  to  be  accompanied  by  an 
opinion,  285. 

Arbitration,  committee  on,  members 
of,  165  ;  meetings  of,  167. 

Arbitration,  general  agreements  for, 
327  ;  treaties  for,  228  ;  agreement 
for,  274  ;  joinder  of  other  Powers 
in  litigation,  303  ;  expenses  of,  303  ; 
ratification  of  treaty  of,  304. 

Arbitration,  international  (.see  Inter- 
national Arbitration). 

Arbitration,  International  Court  of 
(see  International  Court  of  Arbi- 
tration). 

Arbitration,  obligatory  (.see  Obliga- 
tory Arbitration). 

Arbitration  Treaty,  the  Magna 
Charta  of  International  Law,  354. 

Ardagh,  Major-(ieneral  Sir  John, 
member  from  Great  Britain,  45 ; 
statement  on  Dum  Dum  bullets, 
98. 

Arguments,  oral,  before  tribunal, 
282. 

Armaments,  limitation  of,  GO. 

Armi.stices,  155 ;  notification  of, 
150;  violation  of,  150. 

Arriga,  Nagas,  member  from  Japan, 
40. 

Article  10  on  application  of  Geneva 
rules,  exclusion  of,  128. 

Asser,  T.  M.  C,  member  from  the 
Netherlaudis,     47 ;      member     of 


5G3 


564 


INDEX 


Comite  (VExnmen,  109 ;  speech 
on  International  (^ourt  of  Arbitra- 
tion, 24y ;  opinion  on  choice  of 
umpire,  'HM^  ;  amendment  on  re- 
hearing, 287  ;  speech  on  rehear- 
ing, 302  ;  speech  at  Delft,  555. 
Automatic  muskets,  97. 

Baguer,  Arturo  de,  member  from 
Spain,  43. 

Balfour,  Right  Hon.  Arthur  J., 
reply  to  Rescript,  12. 

Balloons,  throwing  projectiles  from, 
95. 

Barantzew,  Count,  member  from 
Russia,  49. 

Basily,  Chamberlain  A.,  member 
from  Russia,  49. 

Beaufort,  W.  H.  de,  Minister  of  For- 
eign Affairs  of  the  Netherlands, 
52 ;  introductory  speech  by,  52  ; 
elected  Honorary  President  of  the 
Peace  Conference,  57 ;  closing 
speech  of,  348  ;  speech  at  Delft, 
552. 

Beernaert,  Auguste,  member  from 
Belgium,  42  ;  speech  of,  on  limi- 
tation of  armaments,  68  ;  speech 
on  laws  and  customs  of  war,  137  ; 
remarks  on  laws  and  customs  of 
war,  143;  on  term  "belligerent," 
143. 

Behring  Sea  arbitration,  form  of 
question  in,  235. 

Beldiman,  Alexander,  member  from 
Roumania,  48. 

Belligerents,  what  constitutes,  141. 

Berlin,  negotiations  at,  171. 

Bianco,  Captain  Auguste,  member 
from  Italy,  40. 

Bihourd,  Georges,  member  from 
France,  44. 

Bildt,  Baron  de,  member  from 
Sweden  and  Norway,  50 ;  speech 
on  limitation  of  armaments,  84 ; 
speech  on  communications  to  the 
press,  107  ;  motion  for  adminis- 
trative council  to  consist  of  ac- 


credited representatives  to  The 
Hague,  275. 

de  Bille,  Frederic,  member  from 
Denmark,  43. 

Bismarck,  Prince,  death  of ,  4 ;  a 
friend  of  peace,  4  ;  basis  of  his 
policy,  5. 

Bombardment  of  undefended  cities 
prohibited,  152  ;  warning  of,  153  ; 
immunity  from,  153. 

Bourgeois,  Leon,  member  from 
France,  44  ;  motion  to  appoint 
sub-committee  on  limitation  of 
armaments,  82  ;  speech  on  limita- 
tion of  armaments,  87  ;  president 
of  the  committee  on  Arbitra- 
tion, 104  ;  speech  on  International 
Commissions  of  Inquiry,  215 ;  dec- 
laration on  behalf  of  French 
delegation,  on  International  Court 
of  Arbitration,  240  ;  speech  on 
"  Duty  "  under  article  27,  273. 

Brandstrom,  Colonel,  member  from 
Sweden  and  Norway,  50. 

Bullets,  expanding,  98  ;  Dum  Dum, 
statement  of  Sir  John  Ardagh, 
98. 

Bunsen,  George  von,  0. 

Bureau  and  record  office  of  Inter- 
national Court,  258. 

Bureau  of  information  for  prisoners 
of  war,  148. 

Burial  of  prisoners  of  war,  150. 

Cable,  submarine  landings  of,  158. 

Canals,  iuteroceanic,  arbitration  re- 
garding, 230. 

Capitulations,  155. 

Castilho,  Captain  Auguste  de,  mem- 
ber from  Portugal,  48. 

Challenge,  necessity  of,  191. 

China,  situation  in,  with  reference 
to  an  International  Commission  of 
Inquiry,  214  ;  interest  shown  by, 
325. 

Coanda,  Colonel  Constantine,  mem- 
ber from  Roumania,  48. 

Combatants,  who  are,  141. 


INDEX 


565 


Comite  (V Examen,  appointment  of, 
109 ;  members  of,  l(i!) ;  impor- 
tance of,  170;  meetings  of,  171; 
remarks  on,  171  ;  menu  of  fare- 
well dinner  of,  327. 

Committees,  appointments  and  du- 
ties of,  o;3. 

Conference  (see  Peace  Conference). 

Conscriptions  prohibited,  157. 

Contributions  in  hostile  territory, 
157. 

Correspondents  and  reporters,  148. 

a  Court,  Lieutenant-Colonel 
Charles,  member  from  Great  Brit- 
ain, 45. 

Court,  international  (see  Interna- 
tional Court  of  Arbitration). 

Ci'ozier,  Captain  William,  member 
from  the  United  States,  40  ;  dec- 
laration as  to  American  attitude 
on  military  inventions,  90  ;  amend- 
ment on  expanding  bullets,  103  ; 
speech  on  expanding  bullets,  107  ; 
amendment :  manner  of  taking 
vote,  113. 

Damage  to  certain  property  prohib- 
ited, 159. 

Death  certificate  for  prisoners  of 
war,  150. 

Delyannis,  Nicolas  P.,  member 
from  Greece,  45  ;  declaration  on 
limitation  of  armaments,  90. 

Descamps,  Chevalier,  member  from 
Belgium,  42  ;  member  of  Comite 
cVExamen,  109  ;  speech  on  Inter- 
national Court  of  Arbitration,  244; 
opinion  on  choice  of  umpire,  266  ; 
speech  on  rehearing,  298. 

Destruction,  new  methods  of,  97. 

Detention  of  prisoners  of  war,  145. 

Diplomacy,  the  future  of  ;  a  higher 
development  of,  307. 

Diplomatic  privileges  and  immuni- 
ties for  judges  of  international 
court,  206. 

Disappointment  of  some  friends  of 
Peace,  331. 


Disarmament,  00. 

Disclosure  of  name  and  rank  of 
prisoners  of  war,  147. 

Dittlinger,  Lieutenant  C.  E.,  Assists 
ant  Secretary,  57. 

Documents  to  be  conmiunicatcd,  281. 

Duelling,  the  analogy  between  war- 
fare and,  190. 

"Duty,"  efforts  of  Balkan  States  to 
strike  out  the  word,  273. 

Duty  of  Signatory  Powers  to  advise 
recourse  to  International  Court  of 
Arbitration,  207  ;  French  proposi- 
tion on,  2()8  ;  American  reserva- 
tion on,  209. 

Escape  of  prisoners  of  war,  140. 

Explosives,  high,  report  on,  94. 

Eys,  Jonkheer  J.  C.  N.  van.  Secre- 
tary General  of  the  Peace  Con- 
ference, 57. 

Eyschen,  M.,  member  from  Luxem- 
burg, 40 ;  resolution  on  future 
conference  concerning  neutral 
states,  138  ;  proposition  regarding 
International  Commissions  of  In- 
quiry, 210. 

d'Estournelles  de  Constant,  Baron, 
member  from  France,  44  ;  mem- 
ber Comite  d'' Examen,  109  ;  clos- 
ing speech  of,  348. 

Family  honor  and  rights  to  be 
respected,  157. 

Festivities  in  honor  of  Peace  Con- 
ference, 324. 

Feuds  formerly  permitted,  194  ; 
prohibited,  195. 

Field  guns,  report  on,  95. 

Fisher,  Vice-Admiral  Sir  John  A., 
member  from  Gi'eat  Britain,  45. 

Form  of  question  in  arbitration, 
importance  of,  223. 

Gas,  asphyxiating,  118. 

Geneva  Convention,  adaptation  to 
maritime  warfare  of,  121  ;  sub- 
committees on,  121  ;    ratification 


566 


INDEX 


of,  loO  ;  adherence  to,  131  ;  de- 
nunciation of,  l.'Jl. 

German  Empire,  objections  to  obli- 
gatory arbitration,  232 ;  cordial 
adherence  of,  to  International 
Court  of  Arbitration,  257. 

Gilinsky,  Colonel,  member  from 
Kussia,  49  ;  speech  on  limitation 
of  armaments,  72  ;  reply  to  Gen- 
eral von  Schwarzhoff,  80  ;  reply 
to  Captain  Crozier  on  expanding 
bullets,  112. 

Good  offices:  offer  of,  183;  United 
States  of  America,  offer  of,  be- 
tween Great  Britain  and  South 
African  Republics,  183  ;  refusal 
of  offer  of,  184. 

Good  offices  and  mediation,  176 ; 
difference  between,  177  ;  advisoiy 
character  of,  186  ;  not  to  interruj^t 
preparations  for  war,  186. 

Great  Britain,  delegates  from,  inter- 
view with  Jonkheer  van  Karne- 
beek  on  expanding  bullets,  103. 

de  Grelle  Rogier,  Count,  member 
from  Belgium,  42. 

de  Grelle  llogier,  Edward,  secretary 
of  the  Peace  Conference,  57. 

Hague,  The,  selected  as  place  of 
meeting  of  the  Conference,  32 ; 
place  of  sitting  of  International 
Coui't  of  Arbitration,  267. 

Harrison,  Ex-President,  speech  at 
the  Venezuela  arbitration,  222. 

Haya.shi,  Baron,  member  from 
Japan,  46. 

Hessaptchieff.  Major  Christo,  mem- 
ber from  Bulgaria,  52. 

Hjulhammer,  Captain  C.  A.  M.  de, 
member  from  Sweden  and  Nor- 
way, 51. 

Holland,  king  of,  undue  extension 
of  jurisdiction  by,  283. 

HoUs,  Frederick  W.,  member  from 
the  United  States,  41  ;  member 
Comite  d^Examen,  169  ;  remarks 
on  Comite  d'Examen,  172  ;  article 


on  special  mediation,  187  ;  speech 
on  article  on  special  mediation, 
106  ;  moves  to  strike  out  interna- 
tional rivers,  interoceanic  canals, 
and  monetary  affairs  from  article 
on  obligatory  arbitration,  230 ; 
speech  on  International  Court  of 
Arbitration,  254  ;  opinion  on 
choice  of  umpire,  265  ;  reservation 
on  duty  of  Signatory  Powers,  269  ; 
suggestions  as  to  judges  and  coun- 
sel, 280 ;  speech  on  rehearing, 
291. 

Honor  and  vital  interests,  questions 
touching,  211. 

Hoo  Wei  Teh,  member  from  China, 
42. 

Hospital  ships,  123;  regulations 
concerning,  124  ;  distinguishing 
marks  of,  125  ;  inviolability  of 
the  staff  of,  126. 

Hospital  territory,  military  author- 
ity over,  156. 

Ho.stilities,  151. 

House  in  the  Wood,  meeting  place 
of  Conference,  37  ;  arrangement 
of  rooms,  37. 

Howard,  Sir  Henry,  member  from 
Great  Britain,  44. 

Ho  Yen  Cheng,  member  from  China, 
43. 

Injuries,  superfluous,  prohibited, 
151. 

Institute  of  International  Law,  the, 
370. 

Instructions  to  land  forces,  139. 

International  arbitration,  220  ;  ob- 
ject of,  220  ;  questions  recognized 
as  suitable  for,  221  ;  agreement  to 
abide  by  award,  228. 

International  bureau,  expenses  of, 
276. 

International  Commissions  of  In- 
quiry, 208  ;  Venezuela  Commis- 
sion, 203  ;  refusal  to  submit  to, 
213  ;  organization  of,  215  ;  method 
of  appointment,  217  ;  facilities  to 


IXDEX 


567 


be  supplied,  218;  report  of,  219; 
not  to  have  binding  force,  219. 

International  Court  of  Arbitration, 
importance  of  the  subject,  2im  ; 
discussion  on,  in  Cumite  d^Ex- 
amen,  240 ;  declaration  of  M. 
Bourgeois,  240  ;  statement  of  Lord 
Pauncefote,  24."]  ;  speech  of  Chev- 
alier Descamps,  244 ;  speech  of 
Prof.  Zorn  in  opposition,  246; 
speech  of  M.  Asser,  249  ;  speech 
of  Count  Nigra,  250  ;  speech  of 
M.  de  Martens,  251  ;  speech  of 
M.  Odier,  252  ;  speech  of  Prof. 
Lanunasch,  25o  ;  speech  of  Mr. 
Holls,  254  ;  cordial  adherence  of 
Germany,  257  ;  organization  of, 
257  ;  jurisdiction  of,  258  ;  bureau 
and  record  office  of,  258  ;  appoint- 
ment and  term  of  judges  of,  259  ; 
manner  of  selecting  particular 
tribunals  of,  204  ;  place  of  sitting, 
267  ;  extension  of  jurisdiction, 
267  ;  first  appointments  to,  305. 

International  rivers,  230. 

Interoceanic  canals,  230. 

Japan,  intere.st  shown  by,  325. 

Jarousse  de  Sillac,  Max,  secretary 
of  the  Peace  Conference,  57  ;  as- 
sistant secretary  Comite  cV Ex- 
ameii,  170. 

Journal  de  St.  Petersburg^  official 
explanation  of  rescript,  12. 

Judges  of  International  Court  of 
Arbitration,  appointment  and 
term  of  office,  259  ;  qualifications 
of,  260  ;  diplomatic  privileges  and 
immunities  of,  266. 

Judges,  not  to  practise  in  certain 
cases,  280. 

Jurisdiction  of  arbitral  tribunal  to 
be  determined  by  it,  283. 

Karnebeek,  A.  P.  C.  van,  member 
from  the  Netherlands.  47  ;  elected 
vice-president  of  the  Peace  Con- 
ference, 57  ;  speech  on  limitation 


of  armaments,  81  ;  interview  with 
British  delegates  on  expanding 
bullets,  103 ;  cU)sing  speech  of, 
347  ;  speech  at  Delft,  537. 

Khuepach,  Victor  von.  member  from 
Austria-Hungary,  42. 

Konow,  A.,  member  from  Sweden 
and  Norway,  51. 

Ktinzli,  Colonel  Arnold,  member 
from  Switzerland,  51  ;  remarks  on 
term  "  belligerent,"  143. 

Labor  of  prisoners  of  war,  145. 

Lammasch,  member  from  Austria- 
Hungary,  42  ;  member  Comite 
d''Examen,  169;  speech  on  Inter- 
national Court  of  Arbitration, 
253 ;  views  as  to  judges  and 
counsel,  280. 

Language  to  be  used  before  arbitral 
tribunal,  280. 

Laws  and  customs  of  war,  ratifica- 
tion of  treaty  on,  139  ;  adherence 
to,  140;  denunciation  of,  140; 
value  of  treaty  on,  163. 

Le  Grand,  Albert,  secretary  of  the 
Peace  Conference,  57. 

Lieber,  Francis,  code  of  rules  of 
war,  150. 

Limitations  of  armaments  :  sub-com- 
mittee on,  82  ;  report  of  sub-com- 
mittee, 83  ;  value  of  further  study 
of  the  question,  92. 

Low,  Seth,  member  from  the  United 
States,  40  ;  raises  question  as  to 
practice  of  judges  before  the  Inter- 
national Court,  280 ;  speech  on 
rehearing,  303  ;  speech  at  Delft, 
559. 

Lu  Tseng  Tsang,  member  from 
China,  42. 

Mahan,  Captain  Alfred  T.,  member 
from  the  United  States,  40 ;  objec- 
tions to  i)rohibition  of  projectiles 
with  a.s])hyxiating  gas,  119  ;  pro- 
poses additional  articles  to  Geneva 


568 


INDEX 


Convention,  131  ;   withdrawal   of 
same,  132. 

Martens,  Fedor  de,  member  from 
Ilussia,  49  ;  speech  on  laws  and 
customs  of  war,  135  ;  declaration 
on  hiws  and  customs  of  war,  143  ; 
opinion  on  vaine  of  treaty  on  laws 
and  customs  of  war,  161  ;  member 
Comite  iV Examen,  169 ;  speech 
on  Commissions  of  Inquiry,  206  ; 
speech  on  International  Court  of 
Arbitration,  2-31  ;  remarks  on 
requirement  of  opinion,  285 ; 
speech  on  rehearing,  287  ;  speech 
on  private  property  on  the  high 
seas,  314. 

Maschine,  Colonel,  member  from 
Servia,  50. 

Mediation,  176  ;  advantage  of,  177  ; 
former  agreements  as  to,  178 ; 
offer  of,  180  ;  a  permanent  insti- 
tution, 181  ;  special  (see  Special 
Mediation). 

Mediator,  duty  of,  185  ;  when  func- 
tions cease,  185. 

Mehemed  Pascha,  member  from 
Turkey,  51. 

M6rey  de  Kapos  M^re,  Gaetan, 
member  from  Austria-Hungary, 
41. 

Mier,  M.  de,  member  from  Mexico, 
46. 

Mijatovich,  Chedomil,  member  from 
Servia,  50. 

Mining  shells  for  field  artillery, 
report  on,  94. 

Mirza  Riza  Khan,  member  from 
Persia,  47. 

Mirza  Samad  Khan,  member  from 
Persia,  48. 

Monetary  affairs,  230,  231. 

Monroe  Doctrine,  text  of  American 
declaration  on,  270 ;  discussion 
of,  271. 

Montenegro  (see  Russia). 

Motions  before  tribunal,  283. 

Motono,  M.  J.,  member  from  Japan, 
46. 


Mounier,  Brigadier-General,  member 

from  France,  44. 
Mouravieff,    Count,    circular    letter 

of,  January  11th,   1899,  24. 
Miinster,     Prince,     member     from 

Germany,  38  ;   closing  speech  of, 

346  ;    replies  to,  347. 
Muskets,  report  on,  96. 

Naval  warfare,  methods  of,  117. 

Nelidoff,  M.  de,  suggestions  on 
special  mediation,  188. 

Netherlands,  ciueen  of,  telegram  to, 
57  ;  telegram  from,  58. 

Netherlands  Government,  formal  in- 
vitation of,  to  the  Conference,  32  ; 
hospitality  of,  324. 

Neutral  countries,  detention  of  bel- 
ligerent sick  or  woupded  in, 
160. 

Neutral  states,  resolution  for  a  future 
conference  on  rights  and  duties  of, 
138. 

Neutral  territory, passage  of  wounded 
or  sick  belligerents  through,  160. 

Neutral  vessels  acting  as  hospital 
ships,  126. 

Neutralization,  194. 

Neutrality,  a  code  of,  371. 

Newel,  Stanford,  member  from  the 
United  States,  40. 

Nigra,  Count  Constantino,  member 
from  Italy,  45 ;  honorary  presi- 
dent of  committee  on  arbitration, 
165  ;  speech  on  International 
Court  of  Arbitration,  250  ;  speech 
on  rehearing,  290  ;  speech  on  im- 
munity of  private  property  on  the 
high  seas,  321. 

Non-combatants  recognized,  141. 

Noury  Bey,  member  from  Turkey, 
51.' 

Objections  before  tribunal,  283. 
Obligatory  arbitration,  proposal  for, 

229. 
Odier,      Edouard,      member     from 

Switzerland,  51  ;  member  Comite 


INDEX 


569 


d^ Exampn,  16U  ;  speech  on  Iiiter- 
iiatiDiial  Court  of  Arbitration,  252. 

Officers  as  prisoners  of  war,  149. 

Okoliscanyi  von  Okoliscna,  member 
from  Austria-Huntjary,  41. 

Opinion  of  Chevalier  Descauips,  2G0. 

Opinion  required  from  arbitral  tri- 
bunal, 285. 

d'Orelli,  Ciievalier  Corragioni,  mem- 
ber from  Siam,  50. 

d'Ornellas  Vasconcellos,  Agostino, 
member  from  Portugal,  48 ; 
motion  on  special  mediation,  200. 

d'Ornellas,  Captain  Ayres,  member 
from  Portugal,  48. 

Ovtchinnikow,  Lieutenant,  member 
from  Russia,  49. 

Papiniu,  Jean  N.,  member  from 
Iloumania,  48. 

Parliamentary  law,  absence  of,  114. 

Pathological  observations,  330. 

Pauncefote,  Lord,  member  from 
Great  Britain,  44  ;  declaration  on 

'  expanding  bullets,  115;  honorary 
president  of  committee  on  arbi- 
tration, 105  ;  address  on  Interna- 
tional Court  of  Arbitration,  233  ; 
statement  on  International  Court 
of  Arbitration,  243  ;  suggestion  as 
to  judges  and  counsel,  280. 

Peace,  maintenance  of  general,  175  ; 
schemes  for  eternal,  351 ;  true  defi- 
nition of,  361. 

Peace  Conference,  the  calling  of 
the,  1  ;  opening  of  the,  36  ;  for- 
mal invitation  to,  32  ;  what  States 
invited,  34  ;  Central  and  South 
American  Repuljlics  not  invited, 
35  ;  list  of  members  of,  38  ;  exclu- 
sion of  outsiders,  38  ;  summary  of 
the  sessions  of,  46  ;  second  ses- 
sion of,  58  ;  from  day  to  day,  322  ; 
time  of  meetings  of,  322  ;  festivi- 
ties in  honor  of,  324  ;  private 
hospitality  in  honor  of,  324  ;  re- 
cess of,  325  ;  pamphlets  and  pro- 
jects sent  to,  328  ;  closing  .session 


of,  335 ;  final  adjournment  of, 
350 ;  a  natural  consummation, 
351  ;  diplomatic  nature  of,  352  ; 
difference  between,  and  con- 
gresses of  Vienna,  Paris,  and  Ber- 
lin, 352  ;  theory  of,  on  war  and 
peace,  260  ;  reasons  for  encour- 
agement concerning  results  of, 
371  ;  ultimate  effects  of,  inde- 
pendent of  temporal  or  local  con- 
ditions, 358. 

Peaceful  Adjustment  of  Inter- 
national Differences,  treaty  for, 
164  ;  text  of,  174  ;  analogy  of,  to 
constitution,  164. 

Peirce,  Herbert  H.  D.,  United  States 
Charge  (V Affaires,  report  on  the 
Conference,  16. 

Penalty,  generally  prohibited,  157. 

Pepliau,  Kear-Admiral,  member 
from  France.  44. 

Persia,  distinctive  tiag  of,  on  hospi- 
tal ships,  125. 

Phya  Suriya,  member  from  Siam,  50. 

Phya  Visuddha,  member  from  Siam, 
50. 

Pillage,  prohibition  of,  153-157. 

Poison  prohibited,  151. 

Pompilj,  Commander  Guido,  mem- 
ber from  Italy,  45. 

Poortugael,  General  J.  C.  C.  den 
Beer,  member  from  the  Nether- 
lands, 47  ;  .speech  on  limitation  of 
armaments,  72 ;  reply  to  Capt. 
Crozier  on  expanding  bullets,  112  ; 
remarks  on  term  "  belligerent," 
143. 

Pop,  G.  J.  C.  A.,  assistant  .secre- 
tary, 57. 

Pope,  claims  of  the,  333 ;  corre- 
spondence of.  with  queen  of 
Netherlands,  338. 

Postage,  free,  149. 

Powders,  report  on,  93. 

Press,  communications  to,  04  ;  atti- 
tude of  the,  167. 

Prisoners  of  war,  status  of,  145  ;  de- 
tention  of,   145 ;    labor   of,    145 ; 


570 


INDEX 


attempts  to  escape  of,  140  ;  treat- 
ment of,  140  ;  trial  of,  146 ;  dis- 
closure of  name  and  rank  of,  147  ; 
breach  of  parole,  148  ;  correspon- 
dents and  reporters,  148  ;  bureau 
of  information,  148  ;  relief  soci- 
eties, 140  ;  free  postage,  149  ;  offi- 
cers, 14i> ;  religious  tolerance, 
149 ;  wills,  death  certificates,  and 
burials,  150 ;  repatriation,  150. 

Private  property  on  the  high  seas, 
immunity  of,  306 ;  policy  of 
United  States  regarding,  806  ; 
memorial  of  American  Commis- 
sion regarding,  307  ;  proposed 
article  on,  311  ;  speech  of  M.  de 
Martens,  814 ;  speech  of  Mr. 
White,  314 ;  speech  of  Count 
Nigra,  321  ;  abstention  of  Great 
Britain  and  others,  321. 

Procedure,  arbitral  (see  Arbitral 
Procedure). 

Prohibition  of  certain  means  of 
injuring  the  enemy,  151. 

Projectiles  for  the  diffusion  of 
asphyxiating  gases,  118. 

Property,  private  (see  Private  Pro- 
perty on  the  High  Seas). 

Property,  wanton  destruction  pro- 
hibited, 152. 

Proposition  to  appoint  by  highest 
courts  of  Signatory  States,  261. 

Quarter,  prohibition  of,  refused,  151. 

Queen  of  Netherlands,  reception  and 
dinner  to  Conference,  32:1  ;  cor- 
respondence with  Pope,  338. 

Raffalovich,  Arthur,  member  from 
Russia,  49 ;  assistant  Secretary 
General  of  the  Peace  Conference, 
57. 

Rahusen,  E.  N.,  member  from  the 
Netherlands,  47. 

Railway  plants,  159. 

Rams,  118. 

Rappard,  W.  de,  Secretary  of  the 
Peace  Conference,  57. 


Rehearing,  agreement  for,  286 ; 
debate  on,  287  ;  American  plan 
on,  287  ;  adoption  of  M.  Asser's 
amendment,  303. 

Relief  societies  for  prisoners  of  war, 
149. 

Religious  tolerance  with  prisoners  of 
war,  149. 

Renault,  Louis,  member  from 
France,  44 ;  report  on  Geneva 
Convention,  121. 

Repatriation  of  prisoners  of  war,  150. 

Report  on  signatures,  336. 

Reporters  and  correspondents,  148. 

Requisitions,  158. 

Resolution  on  limitation  of  arma- 
ments, 90. 

Restraint  as  to  time  and  place  of 
warfare,  193. 

Rivers,  international,  arbitration  re- 
garding, 230.  ■ 

Rochussen,  Jonkheer  J.  J.,  Secre- 
tary of  the  Peace  Conference,  57. 

Rolin,  Edouai'd,  member  from  Siam. 
50  ;  report  on  laws  and  customs 
of  war,  139. 

Romberg-Nisard,  Belgian  philan- 
thropist, 150. 

Roth,  Arnold,  member  from  Switz- 
erland, 51. 

Roumania,  objections  to  Commis- 
sions of  Inquiry,  210  ;  objections 
to  arbitration,  221. 

Ruses  of  war  permitted,  152. 

Russell,  Lord,  of  Killowen,  sugges- 
tions on  .special  mediation,  189. 

Russia,  Emperor  of,  text  of  Rescript, 
8  ;  birthday  celebration,  36  ;  tele- 
gram to,  54  ;  telegi-am  from,  53. 

Sakamoto,  Captain,  member  from 
Japan,  46. 

Salisbury,  Lord,  acceptance  on  be- 
half of  Great  Britain,  14  ;  despatch 
Feb.  14,  1899,  29. 

Scheine,  Captain,  member  from 
Russia,  49  ;  proposition  of  limita- 
tion of  calibre  of  naval  guns,  117. 


INDEX 


571 


Schiniuielpeiininck,  Jonkheer  A.  G., 
Secretary  of  the  Peace  Confer- 
ence, 57. 

Sclilief,  Der  Friede  in  Eurapa,  7. 

ydiwarzhoff,  Major-General  Gross 
von,  member  from  Germany,  3!) ; 
speech  on  limitation  of  arma- 
ments, 70  ;  remarks  on  term  "bel- 
ligerent," 14i. 

Scott,  Sir  Charles,  British  Ambas- 
sador at  St.  I'etersburg,  report  on 
Rescript,  11;  desjiatch  Jan.  12, 
1899,  27. 

Secrecy,  necessity  of,  168. 

Selir.  Count  de,  member  from  Port- 
ugal, 48. 

Serrallo,  Count  de,  member  fro)n 
Spain,  4o. 

Shipwrecked,  sick,  or  wounded, 
status  of,  127 ;  disposition  of, 
127. 

Siam,  distinctive  flag  of,  on  hospital 
ships,  126. 

Sick  and  wounded,  care  of,  127. 

Siegel,  Captain,  member  from  Ger- 
many, 39. 

Soltyk,  Count  Stanislas,  member 
from  Austria-Hungary,  42. 

Spanish-American  War,  1. 

Special  mediation,  187  ;  adoption 
of,  189 ;  method  of  procedure, 
201  ;  practical  value  of,  202. 

Spies,  153  ;  punishment  of,  154. 

Staal,  Baron  de,  member  from  Rus- 
sia, 49 ;  elected  President  of  the 
Peace  Conference,  54  ;  introduc- 
tory speech  of,  55 ;  address  of 
May  20,  58  ;  speech  of,  on  limita- 
tion of  armaments,  69  ;  closing 
speech  of,  341. 

Standoff,  Dimitri,  member  from 
Bulgaria,  52. 

State  i)roperty,  when  to  be  accounted 
for,  158. 

Stead,  W.  T.,  on  Commissions  of 
Inquiry,  205. 

Stengel,  Baron  von,  member  from 
Germany,  39. 


Switzerland  invited  to  take  further 
steps  on  Geneva  Convention,  133. 

Tadema,  Commander  A.  P..  mem- 
ber from  the  Netherlands,  47. 

Taxation    in   hostile  territory,   157. 

Territory,  hostile  (see  Hostile  Ter- 
ritory). 

Tetuan,  Duke  of.  member  from 
Spain,  43. 

Thanlow,  Major-GeneralJ.  J.,  mem- 
ber from  Sweden  and  Norway,  51. 

Times,  London,  reports  of,  168. 

Treacherou.s  killing  prohibited,  151. 

Treachery,  punishment  of,  155. 

Treatment  of  prisoners  of  war,  146. 

Trial  of  prisoners  of  war,  147. 

Tribunal,  Arbitral  (see  Arbitral 
Tribunal). 

Truce,  flag  of,  improper  use  of,  151  ; 
immunity  of,  154. 

Trustee-shiji  of  occupying  state,  159. 

Turkhan  Pascha.  member  from 
Turkey,  51. 

Types  and  calibres  of  naval  guns, 
118. 

Umpire,  choice  of,  subject  to  ratifi- 
cation, 265  ;  opinions  of  ^I.  Asser 
and  Mr.  Holls,  265. 

United  States  of  America,  changed 
position  of,  2  ;  acceptance  of  in- 
vitation, 12  ;  declaration  on  be- 
half of,  concerning  limitation  of 
armaments,  91  ;  historical  note  on 
attitude  as  to  arbitration,  235  ; 
cordial  welcome  extended  to,  272  ; 
policy  regarding  private  property 
on  the  high  seas,  306  ;  memorial 
on  behalf  of,  307  ;  attitude  of,  on 
question  of  adherence,  333. 

Universal  military  .service,  advan- 
tages of,  6. 

Uyehara,  Colonel,  member  from 
Japan,  46. 

Veljkovitch,  Voislav,  member  from 
Servia,  50. 


572 


INDEX 


A'onezuola  arbitration,  form  of 
question  in,  '22(i. 

Villa  UiTutia,  W.  Kaniirez  dc,  mem- 
ber from  Spain,  4:!. 

Villers,  Count  de,  member  from 
Luxemburg;,  46. 

Von  Sehnack,  Col.  J.  G.  F.,  mem- 
ber from  Denmark,  43. 

War,  the  humanizing  of,  93  ;  sub- 
committees on,  93  ;  lav.'s  and  cus- 
toms of,  134  ;  sub-committee  on, 
135  ;  treaty  on  laws  and  customs 
of,  value  of,  163  ;  fallacious  argu- 
ments regarding,  163  ;  prisoners 
of  (see  Prisoners  of  War)  ;  Span- 
ish-American, 1  ;  theory  of  Con- 
ference concerning,  360. 

Welsersheimb,  Count  Rudolph  von. 
member  from  Austria-Hungary, 
41. 

White,  Andrew  D.,  member  from 
the  United  States,  40  ;  motion  to 
refer  subject  of  expanding  bullets 
to   committee,    114;    cordial   ap- 


proval of  special  mediation,  189  ; 
speech  on  private  property  on  the 
higli  seas,  314  ;  oration  at  Delft, 
538. 
Wills  of  prisoners  of  war,  150. 

Yang  Yu,  member  from  China,  42  ; 
mots  by,  326. 

Zannini,  Count  A.,  member  from 
Italy,  45. 

Zenil,  M.,  member  from  Mexico,  47. 

Zoi'n,  I'rofessor  Philip,  member  from 
Germany,  39  ;  opinion  on  value  of 
treaty  on  Geneva  rules,  161  ; 
member  Comite  cV Examen,  170  ; 
motion  to  strike  out  article  on 
obligatory  arbitration,  232 ;  op- 
poses International  Court  of  Arbi- 
tration, 246  ;  moves  requirement 
of  opinion  from  arbitral  tribunal, 
285. 

Zuccari,  Major-General  Louis,  mem- 
ber from  Italy,  45  ;  declaration  on 
limitation  of  armaments,  83. 


THE  CITIZENS^  LIBRARY  OF  ECONOMICS 
POLITICS,  AND  SOCIOLOGY 

TNDKK    TIIK    CKNKKAI.    KDITUKSilir    OK 

RICHARD  T.  ELY,  PhD.,  LL.D. 

Director  of  the  School  of  Economics,  and  Polilical  Science  and  History 
Professor  of  Political  Economy  at  the  Universitv  of  Wisconsin 

J2mo.     Half  Leather.     $J.25,  net,  each 


MONOPOLIES   AND   TRUSTS 

By  Richard  T.  Elv,  Ph.D..  LL.D. 

"  It  is  admirable.     It  is  the  soundest  contribution  on  the  subject  tliat  lias  appeared." 

—  Professor  JOHN  R.  COMMONS, 
"  By  ail  odds  the  best  written  of  Professor  Ely's  works." 

—  I'rotissor  Simon  N.  Paiii'.n,  University  of  Pennsylvania. 

THE    ECONOMICS    OF    DISTRIBUTION 

By  John  A.  Hobson.  author  of  '•  Tlie  Evolution  of  Modern  Cai^itahsm,""  etc. 

WORLD    POLITICS 

By  Paul  S.  Reixsch.  Ph.D.,  LL.B.,  Assistant  Professor  of  Political   Science, 
University  of  Wisconsin. 

ECONOMIC    CRISES 

By  Edward  D.  Jones,  Ph.D..  Instructor  in  Economics  and  .Statistics,  Univer- 
sity of  Wisconsin. 

GOVERNMENT    IN    SWITZERLAND 

By  John    Martin  Vincent,   Ph.D.,   Associate    Professor   of  History,  Johns 
Hopkins  University. 

HISTORY   OF    POLITICAL    PARTIES    IN    THE    UNITED    STATES 

By  Jesse  ALacv,  LL.D.,  Professor  of  Political  .Science  in  Iowa  College. 

ESSAYS  IN  THE  MONETARY  HISTORY  OF  THE  UNITED  STATES 

By  Charles  J.   Bullock,  Ph.D.,  Assistant  Professor  of  Political  Economy, 
Williams  College. 

OUTLINES   OF    ECONOHICS 

By  Richard  T.  Ely,  Ph.D..  LL.D. 

IS  I'Kl'.PARATION  FOR   EARLY  ISSUE 

MUNICIPAL    ENGINEERING    AND   SANITATION 

By  Mr.  ]\I.  N.  B.\kek,  of  the  Ii)ii:^iiu\-riiii;  Xra's  of  New  York. 


THE   MACMILLAN    COMPANY 

66  FIFTH  AVENUE,  NEW  YORK 


AMERICA'S   ECONOMIC 
SUPREMACY 


BY 

BROOKS  ADAMS 


AUTHOR    OK 


**THE  LAW  OF  CIVILIZATION  AND  DECAY" 
I2mo-     Cloth.     $1.25 


"  It  is  preeminently  a  timely  book,  but  will  also  have  a  permanent 
value."  —  New  York  Times. 

"  His  reasoning  is  sound  and  his  data  are  correct  .  .  .  refreshing  to 
read  him.      He  stimulates  thinking."  —  Brookly?i  Eagle. 

"  A  thoughtful  study  of  existing  economic  situations,  illustrated  by  cur- 
rent facts  and  the  history  of  the  past.  ...  A  book  for  thoughtful  study  by 
the  intelligent  American  people." —  Chicago  Inter  Ocean. 

"  Mr.  Adams  has  a  largeness  of  view  commensurate  with  the  world-wide 
scope  of  the  problems  he  is  discussing.  His  argument  is  interesting  and 
suggestive."  —  A^ew  York  Tribune. 

"  A  discussion  of  a  question  which  cannot  fail  to  be  interesting  to  every 
American.  .  .  .  Full  of  interesting  ideas  and  significant  sentences.  .  .  . 
Such  books  as  this  should  be  w-idely  read  and  thoughtfully  discussed." 

—  JVashington  Times. 

THE   MACMILLAN   COMPANY 

66  FIFTH  AVENUE,  NEW  YORK 


ucsouTHrR'iRriMiV'iAi  hmu-h,  i -^'jility 


AA    000  993  249    2 


